ft 


-ft  L 


U.  S.  DEPARTMENT  OF   AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  VI. 


FFlUB.   "■  W-^ 


mMikm^ 


EY.  Chief. 


U.S.  DEPOSITORY 


FOODS  AND  FOOD  CONTROL 


BEVISED    TO    JXJIL."3r    1,    1905. 


VI.     LAWS  OF  OHIO,  OKLAHOMA,  ORKOOX,  PENNSYLVANIA, 
AND  THK  PHILIPPINE  ISLANKS. 

LllSllAllY 


or  THE 

By   W.    D.    RIUELOW, 


T        |  I  CipEF,!  fclVISIo*^)H  FOODS.  ft      PI  •     1 

;,;versi(v  ol  uiLMatc  oi  llorida 


WASHINGTON: 
QOYERNMENT   PRINTING   OJTICE. 

M)05. 


U.  S.  DEPARTMENT   OF   AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  VI. 
H.  W.  WILEY,  Chief. 


FOODS  AND  FOOD  CONTROL 


EEVISED    TO    vJXJL^T    1,    1905. 


VI.     LAWS  OF  OHIO,  OKLAHOMA.  <>KK<.<>\,  PENNSYLVANIA, 
AND  THE  PHILIPPINE  ISLANDS. 


i 

k\  \  1  \,  1  ■  *'  *Cnh:P,  Division  of  Foods. 


WASHING  K)N: 
GOVERNMENT    PRINTING    OFFICE, 

1  90 


LETTER  OF  TRANSMITTAL 


U.  S.  Department  of  Agriculture, 

Bureau  of  Chemistry, 
Washington,  D.  C,  October  #0,  1905. 

Sir:  I  have  the  honor  to  submit  for  your  approval  a  compilation  of 
the  food  laws  of  Ohio.  Oklahoma,  Oregon,  Pennsylvania,  and  the  Phil- 
ippine Islands,  revised  to  July  1,  L90S.  I  recommend  that  this  manu- 
script be  published  as  Bulletin  No.  69,  Revised,  Part  VI.  of  the  Bureau 
of  Chemistry. 

Respectfully,  H.  W.  Wiley, 

Chief. 
Hon.  James  Wilson, 

Secretary  of  Agriculture. 


CONTEXTS. 


Page. 

Ohio 459 

General  food  laws 459 

Alcoholic  beverages 466 

Candy 471 

Canned  goods 471 

Dairy  products 472 

Fish 481 

Flour 484 

Ice 485 

Maple  products  . .   485 

Meat 486 

Salt 487 

Vinegar 488 

Water 489 

Rulings  of  State  dairy  and  food  commissioner 490 

Oklahoma 491 

General  food  laws 491 

A lcoholic  beverages 492 

Dairy  products 492 

Meat 492 

Oregon 494 

General  food  laws 494 

Alcoholic  beverages 495 

Confectionery 496 

Dairy  products 496 

Flavoring  extracts  and  spices 503 

Fruit 504 

Jellies,  preserves,  etc 504 

Maple  syrup 505 

Salmon  and  sturgeon 606 

Vinegar 609 

Water 

Pennsylvania 511 

General  food  laws 611 

Alcoholic  beverages 613 

Apple  products 614 

Bread,  etc 516 

Confectionery 516 

Dairy  products .~>p; 

Fruit  syrups 

be 

I  ,ard 

Meat 

Preservatives 540 

Vinegar 541 

Rulings  and  regulations  of  the  state  department  of  agriculture 

Pood  definitions  and  standards 544 

Philippine  Islands .".  1 7 

Meat 547 

in 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/revisconrfOObige 


FOODS  AND  FOOD  CONTROL-VI 

Revised  to  July  1,  1905. 


TI.  Laws  of  Ohio,  Oklahoma,  Oregon,  Pennsylvania,  and  the 
Philippine  Islands. 


OHIO. 

In  response  to  a  letter  of  inquiry  the  following"  statement  was  made 
by  Mr.  Horace  Ankeney,  State  dairy  and  food  commissioner,  who  is 
charged  with  the  administration  of  the  food  laws  of  Ohio: 

As  to  the  efficiency  of  the  laws  in  force  in  Ohio,  I  may  nay,  that  in  all  instances 
where  we  have  specific  statutes  and  standards  and  the  manufacturers  live  inside  the 
State,  there  is  but  little  evasion  of  the  law.  However,  when  these  same  products 
are  manufactured  and  sold  outside  the  State  to  dealers  inside  the  State,  the  laws  are 
not  so  effective  and  the  ( Jommissione]  'a  work  is  very  much  more  difficult. 

More  specific  standards  and  statutes  would  help  to  render  State  food  control  work 
more  effective.  I  am  not  prepared  now  to  state  specifically  just  what  changes  are  most 
needed  in  the  Ohio  laws.  My  most  serious  difficulties  have  been  with  the  products 
manufactured  outside  the  State,  that  were  not  true  to  representation,  and  1  believe 
the  highest  efficiency  can  not  be  reached  until  we  have  a  National  law.  regulating 
interstate  commerce  in  foods  and  drugs  and  requiring  thai  the  product  shall  he  in 
accordance  with  a  National  standard  for  such  product.  With  National  standards,  a 
National  law  and  a  State  commissioner  empowered  by  statute  to  recognise  the  National 
standards  as  his  standards  tor  all  products;  there  will  be  the  highest  possible  degree 
<<i  effectiveness  in  food  control  work. 

GENEB  \l.  POOD  LAWS 

70  7  7.  i.  Adulteration  prohibited.  No  person  Bhall,  within  this  state,  manufac- 
ture for  sale,  offer  for  sale,  orsell  any  drug  or  article  of  food  which  is  adulterated, 
within  the  meaning  of  this  act. 

7078.  (2.  Food  and  drugs  -definition*.  The  term  "drug,"  as  used  in  this  act, 
Bhall  include  all  medicines  for  internal  or  external  use,  antiseptics,  disinfectant-  and 

cosmetics.    The  term  "  food,"  as  used  herein,  Bhall  include  all  articles  used  for  food, 

drink,  confectionery,  or  condiment  by  man,  w  hether  simple,  mixed  or  Compound. 
Asamended  April  /",  t904i  Laws  of  1904  I  House  Bill  No.  92),  p.  116. 

7079.  (3.)  Adulteration  defined.  An  article  shall  be  deemed  to  be  adulterated 
within  the  meaning  of  this  act: 

in  the  case  of  drugs:  (1)  Lf,  when  sold  under  or  by  a  name  recognized  in  the 
seventh  decennial  revision  of  the  United  States  pharmacopoeia,  it  differs  from  the 


also  "  Fish,"  sec.  7184,  for  packing  regulations. 

159 


460  Foods  AND  FOOD  CONTROL. 

standard  of  strength,  quality  or  purity  laid  down  therein;  (2)  if,  when  Bold  under  or 
by  a  name  not  recognized  in  the  Beventh  decennial  revision  of  the  United  States 
pharmacopoeia  but  which  is  found  in  some  other  pharmacopoeia,  or  other  standard 
work  on  materia  niedica,  it  differs  materially  from  the  standard  of  strength,  quality, 
or  purity  laid  down  in  such  work;  (3)  if,  its  strength,  quality  or  purity  falls  below 
the  professed  standard  under  which  it  is  sold. 

(b)  In  [the]  case  of  food,  drink,  confectionery  or  condiment:  1 1  |  If,  any  substance 
or  substances  have  been  mixed  with  it,  so  as  to  lower  or  depreciate,  orinjuriously  affect 
its  quality,  strength  or  purity;  (2)  if  any  inferior  or  cheaper  substance  <>r  substances 
have  been  substituted  wholly  or  in  part  for  it;  (3)  if  any  valuable  or  necessary  con- 
stituent or  ingredient  has  been  wholly  or  in  pari  abstracted  from  it;  (4)  if  it  is  an 
imitation  of,  or  is  sold  under  the  name  of  another  article;  |  5)  if  it  consists  wholly,  or 
in  part,  of  a  diseased,  decomposed,  putrid,  infected,  tainted  or  rotten  animal  01 
table  substance  or  article,  whether  manufactured  or  not — or,  in  the  case  i  >f  milk,  if  it 
is  the  produce  of  a  diseased  animal;  (6)  if  it  is  colored,  coated,  polished  or  powdered. 
whereby  damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is  made  to  appear 
better  or  of  greater  value  than  it  really  is;  (7)  if  it  contains  any  added  substance  or 
ingredient  which  is  poisonous  or  injurious  to  health;  (8)  if  it  is  Bold  under  a  coined 
name  and  does  not  contain  some  ingredient  BUggested  by  such  name  or  contains  only 
an  inconsiderable  quantity;  (9)  if  the  package  containing  it  or  any  label  thereon 
shall  bear  any  statement  regarding  it  or  its  composition  which  shall  be  false  or  mis- 
leading in  any  particular;  provided,  that  the  provisions  of  this  ad  shall  not  apply  to 
mixtures  or  compounds  recognized  as  ordinary  articles  or  ingredients  of  articles  of 
food  or  drink,  if  each  and  every  package  sold  or  offered  for  sale  be  distinctly  labeled 
in  words  of  the  English  language,  as  mixtures  or  compounds,  with  the  name  and 
per  cent  of  each  ingredient  therein.  The  word  "compound"  or  "mixture"  shall 
be  printed  in  type  not  smaller  in  either  height  or  width  than  one-half  the  largest 
type  upon  any  label  on  the  package  and  the  formula  shall  be  printed  in  lettei 
smaller  in  either  height  or  width  than  one-fourth  the  largest  type  upon  any  label  on 
the  package,  and  said  compound  or  mixture  must  not  contain  any  ingredient  injurious 
to  health.— As  amended  April  20,  1904,  Lawsofl904    U         /■'  .116, 

7080.  (4.)  Sampling.  Every  person  manufacturing,  offering  or  exposing  for  sale, 
or  delivering  to  a  purchaser,  any  drug  or  article  of  food  included  in  the  provisions  "I 
tin- act,  shall  furnish  to  any  person  interested,  or  demanding  the  same,  who  shall 

apply   to  him  for  the  purpose,  and  shall  tender  him  the  value  of   the  same,  a   -ample 

sufficient  for  the  analysis  of  any  such  drug  or  article  of  food  which  is  in  hi-  possession. 

7081.  (5.  I   Penalty.     Whoever  refuses  t"  comply,  upon  demand,  with  the  require- 

iii«  nl-  ol  Section  1.  and  whoever  Violates  any  of  the  provisions  Of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  lined  not  exceeding  one  hun- 
dred nor  less  than  t  w  eiity -!i\  •■  dollars,  OT  imprisoned  not  exceeding  one  hundred  nor 

less  than  thirty  days,  or  both.  And  any  person  found  guilty  of  manufacturing,  offer 
ins,  for  sale  or  selling  an  adulterated  article  of  food  or  drug  under  the  provisions  of 

this  act,  -hall  be  adjudged  to  pay,  in  addition  to  the  penalties  !:•  re  provided 

tor,  ;iii  Qecossar)  costs  and  expenses  incurred  in  inspecting  and  analysing  such  adul- 
terated articles  of  which  said  person  maj  have  been  found  guilt)  of  manufacturing, 
Belling  or  offering  for  Bale. 

led  March  20,  1884.     81  <  >.  I...  67 ;   Laning's   Revised  Statutes  and  Recodified 

i  I'.io...  title  ■'-.  ch.  8,  pp.  1 177  i  I7.s. 

;,;,1.  i  Dairy  and  food  commitnoner.  There  i-  herebj  created  the  office  of 
dairy  and  too.i  commissioner  of  the  state  of  Ohio.  Said  commissioner  shall  he 
elected  at  the  general  election  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  a.  D.,  one  thousand  eight  hundred  and  ninety-six.     Be  -hall  take  his 


ohio.  461 

office  on  the  first  Tuesday  following  the  fifteenth  day  of  February  next  after  his  elec- 
tion and  shall  serve  for  two  years,  and  until  his  successor  is  elected  and  qualified.  He 
shall  be  charged  with  the  enforcement  of  all  laws  against  fraud  and  adulteration  or 
impurities  in  foods,  drinks  or  drugs,  and  unlawful  labeling  in  the  state  of  Ohio.  His 
salary  shall  be  three  thousand  five  hundred  dollars  per  year,  and  his  necessary  and 
reasonable  expense  incurred  in  the  discharge  of  his  official  duties,  to  be  paid  in 
monthly  installments  at  the  end  of  each  calendar  month. 

Provided,  however,  that  said  salary  and  expenses  provided  for  herein  shall  be  in 
full  of  all  amounts  received  by  said  commissioner  from  all  sources  whatsoever,  and 
said  necessary  and  reasonable  expenses  shall  not  exceed  the  sum  of  seven  hundred 
and  fifty  dollars  in  anyone  year. — As  amended  April  1,  1904,  Laws  of  1904  {House 
Hill  Xo.  200),  j).  64. 

552.  (2.)  Inspection  and  jerosecution.  It  shall  be  the  duty  of  said  commissioner  or 
assistant  commissioner,  to  inspect  any  articles  of  butter,  cheese,  lard,  syrup,  or  other 
article  of  food  or  drinks,  made  or  offered  for  sale"  in  the  state  of  Ohio,  as  an  article  of 
food  or  drink,  and  to  prosecute  or  cause  to  be  prosecuted,  any  person  or  persons, 
firm  or  firms,  corporation  or  corporations,  engaged  in  the  manufacture  or  sale  of  any 
adulterated  article  or  articles  of  food  or  drink,  or  adulterated  in  violation  of,  or  con- 
trary to  any  laws  of  the  state  of  Ohio. — As  amended  March  21,  1887,  84  0.  L.,  205. 

553.  (3.)  Powers  of  dair;/  and  food  commissioner — district  attorneys.  The  said  com- 
missioner, or  any  assistant  commissioner,  or  any  inspector,  of  the  dairy  and  food 
department  shall  have  power  in  the  performance  of  their  duty,  to  enter  into  any 
creamery,  factory.  Btore,  salesroom,  drug  store  or  laboratory,  or  place  where  they 
have  reason  to  believe  food  or  drink  or  linseed  oil  are  made,  prepared,  sold  or  offered 
for  sale,  and  to  examine  their  books,  and  to  open  any  cask,  tub,  jar,  bottle  or  pack- 
age, containing  or  supposed  to  contain  any  article  of  food  or  drink  and  examine  or 
cause  to  l)i>  examined  and  analyzed  the  contents  thereof,  and  it  shall  be  the  duty  of 
any  prosecuting  attorney  in  any  county  of  the  state,  when  called  upon  by  said  com- 
missioner or  assistant  commissioner,  or  any  inspector,  to  render  him  any  legal  a>sist- 
amv  in  his  power,  to  execute  the  laws,  and  to  assist  in  the  prosecution  of  cases  arising 
under  provisions  of  this  act. — As  amended  March  4,  1904,  Lews  of  1904  [Senate  Bill 
No.  8),  p.  SO. 

554.  (4.)  Assistant  commissioners,  inspectors,  etc.  Said  commissioner  may  appoint 
not  to  exceed  two  assistant  commissioners,  each  of  whose  salaries  shall  be  one  thou- 
sand dollars  per  year,  ami  necessary  traveling  expenses  incurred  in  the  discharge  of 
their  official  duties,  to  be  paid  in  like  manner  with  the  commissioner's  and  on  itemized 
vouchers  approved  by  said  commissioner;  the  said  commissioner  shall  have  power 

to  employ  such  experts,  chemists,  agents,  Inspectors  and  counsel  as  may  by  him  be 
deemed  neee.-sary  for  the  proper  enforcement  of  the  laws,  their  compensation  to  be 
fixed  by  the  commissioner.  And  each  assistant  commissioner  and  inspector  now 
serving  or  hereafter  appointed  shall,  before  entering  upon  or  continuing  in  the  dis- 
charge of  his  dui!.-,  give  bond  payable  to  the  state  in  the  sum  of  $1,000.00  with 

Sureties  to  the  approval  of  the  dairy  and  food  commissioner  conditioned  for  tin-  faith- 
ful performance  of  his  duties,  which  bond,  when  so  approved,  shall  he  filed  with  the 
secretary  of  Btate  and  he  open  to  inspection  at  all  proper  times. 

Expensi  b,  vacancies,  fines,  fees,  ami  costs.  All  charges,  accounts  and  expenses  author- 
ised by  this  act  shaU  he  paid  out  of  the  Btate  treasury  upon  vouchers  certified  by  the 

commissioner,  and   upon  warrant    by  the  state  auditor.      The  entire  expense  of  Bftld 

commissioner  shall  not  exceed  in  one  year  the  amount  specifically  appropriated  for 
such  purposes.     All  vacancies  in  the  office  of  dairy  and  food  commissioner  shall  be 

filled  by  appointment  of  the  governor  until  the  next  general  i-\r<  don,  then  the  same 

shall  he  tilled  as  in  the  original  election.  All  lino,  fees  and  costs  assessed  and  col- 
lected under  prosecutions  begun,  or  caused  to  be  begun,  by  the  conimiasioner,  and 


'  i  2  I-  <  >0D8     \  N  D    FOOD    CONTROL. 

all  iin<~  fees  and  costs  heretofore  assessed  and  collected  under  prosecution  began  or 
caused  to  be  begun  by  the  commissioner,  shall  be  paid  by  the  court  to  the  commis- 
sioner, and  by  him  paid  into  the  state  treasury  and  be  credited  to  the  general  revenue 

fund  of  the  state. 

Office  rooms.  The  two  mosl  easterly  rooms  on  the  north  side  of  the  east  end  of  the 
south  corridor  of  the  state  house,  now  occupied  by  the  dairy  and  food  commissioner, 
are  set  apart  for  his  use,  wherein  shall  be  kept  his  books,  records,  or  other  property 
of  his  office. 

§  '\  report,  accounts,  etc.  He  shall  keep  a  seal  with  which  to  attest  official  acts  and 
documents,  and  shall  be  entitled  to  stationery  and  supplies  from  tin-  secreta 
state  as  are  other  state  officers.  The  commissioner  shall  make  an  annual  report  to 
the  governor  as  soon  as  possible  after  the  15th  day  of  November  of  each  year,  con- 
taining itemized  statements  of  all  receipts  and  disbursements,  attorney  fees  in  each 
specified  suit  brought  in  this  department,  and  all  persons  employed  by  him,  together 
with  such  statistics  and  other  matter  as  he  may  regard  of  value;  said  reports  to  be 
published  as  are  the  other  reports  of  the  other  state  oil, 

Bulletins.  He  shall  issue  bulletins  at  such  time.-  as  he  may  deem  best,  giving  such 
information  as  he  may  have  of  the  condition  of  the  various  products  which  it 
duty  to  cause  to  be  inspected  and  the  results  of  analyses  by  him  caused  to  be  made 
and  such  other  information  as  may  be  serviceable  to  the  public,  which  said  bulletins 
shall  be  immediately  published  by  the  state  and  distributed  by  the  commissioner.—- 
As  amended  March  4,  1904,  Laws  of  1904  I  Senate  Bill  X".  Pass*  >l  M 

88  <>.  L.,  no. 

">.">.").  1 1. )  Commissioner* s  bond.  The  Ohio  dairy  and  food  commissioner,  before  enter- 
ing upon  the  discharge  of  his  official  duties,  shall  give  bond  in  the  sum  of  five  thousand 
dollars  to  the  state,  with  two  or  more  sureties  to  the  acceptance  of  the  governor, 
conditioned  that  he  will  truly  account  for  and  apply  all  moneys  or  other  property 
which  may  come  into  his  hands  in  his  official  capacity,  and  for  the  faithful  perform- 
ance of  the  duties  of  his  office  as  the  same  are  prescribed  by  law  :  which  bond  with 
his  oath  of  office  indorsed  thereon,  shall  be  filed  with  the  secretary  of  state.  —  Approved 
March  4,  1891;  88  0.  I+,  74- 

556.   (1.)    Clerk.     The  dairy  and    food   commissioner  of    Ohio   l»e,  and    is    hereby 
authorized  to  employ  a  clerk   for  his  office  whose  compensation   shall   not   ei 
$1,200.00  per  annum. — Act  of  April  ;'>.  (90S,  as  amended  March  ;.  /'"'/'.  LawsoJ 
(Senati  Bill  X>>.  8),  />.  81. 

Laning'e  Revised  statutes  and  Recodified  Law-.  L905,  vol.  i,  title:;,  ch.  22,  pp. 
1  «>.",- 1*14. 

70<>2.    Various  inspectors  and  <l puties  <ij>j><>iiih<i  by  county  probai  The  pro- 

bate judge  of  each  county  shall  appoint,  when  it  may  be  m  to  serve  foi  the 

term  of  three  years,  one  gauger  mid  inspector  of  d eticand  foreign  spirits,  linseed 

oil,  lard  oil,  and  coal  oil;  one  inspector  of  flour,  meal,  and  biscuit;  one  inspector  of 
beef,  pork,  lard,  and  butter;  one  inspector  of  pot  and  pearl  ashes;  one  inspector  ol 

fish;  one  Inspector  of  sawed  lumber  and  shingle-;  and  one  in-pector  of  -alt,  who 
shall  each  ha\e  the  power  of  appointing  a-  main  deputies  to  ad  under  tliein  a-  their 

ctive  duties  in  office  may  require;  and  the  conn  may,  on  complaint  an. I  sum- 

cient  rails.-  shown,  remove  any  inspector,  and  lill  all  Vacancies  fol   unexpired  term. 

7068.  Inspectors'  and  deputies'  <>,iih  <m<i  bond.     Before  any  inspector  or  deputy 

inspector,  -hall  enter  upon  the  dutlOfl  of  hi  office,  he  shall  tak.  .m  oath  that  In-  will 
faithfully    and    impartially    execute    the   duties    required    Ol    him    bv    law;   and   each 

inspector  -hall,  moreover,  enter  into  bond,  with  sufficient  freehold  security,  to  he 
approved  i>\  the  court,  in  such  sum  as  the  conn  may  require   n  -  less  than  three 

hundred    nor  more  than   on.'   thousand   dollar-,    made   payable   to   the  state;    which 


ohio.  463 

bond,  conditioned  for  the  faithful  and  impartial  performance  of  the  duties  required 
of  him  by  law,  shall  be  deposited  with  the  treasurer  of  such  county. 

7004.  /V"7  against  inspector  or  deputy.  Every  person  who  may  think  himself 
injured  by  the  incapacity,  neglect,  or  misconduct  of  such  inspector,  or  his  deputy, 
may  institute  a  suit  on  a  copy  of  the  bond,  certified  by  the  "treasurer,  for  the  use  of 
the  person  suing;  and  the  bond  shall  not  become  void  on  the  first  or  any  subsequent 
judgment;  but  suit  must  be  instituted  within  one  year  after  the  cause  of  action 
accrues. 

7065.  Duties  of  inspectors;  branding;  records;  fees.  The  different  inspectors  or 
their  deputies,  shall,  on  application  within  their  respective  counties,  inspect  all  wheat 
or  rye  flour,  or  buckwheat  meal,  biscuit,  butter,  lard,  pork,  beef,  fish,  and  pot  or 
pearl  ashes,  and  when  inspected  stamp  on  the  cask  containing  the  same,  with  brand- 
ing irons,  to  be  provided  by  the  inspector  for  that  purpose,  the  name  of  this  state, 
with  the  name  of  the  county  where  inspected,  the  kind  and  quality  of  the  article 
inspected,  and  the  weight  thereof ,  which  shall  be  branded  on  the  hogshead,  cask, 
box,  package,  barrel,  or  part  thereof,  containing  the  same,  which  shall  be  conclusive 
evidence  between  vendor  and  vendee  at  the  time  of  the  inspection;  which  branding 
irons  shall  be  made  and  lettered,  as  may  be  directed  by  the  probate  court;  and 
every  inspector  shall  make,  in  a  book,  to  be  provided  by  him  for  that  purpose,  fair 
and  distinct  entries  of  all  articles  inspected  by  him  or  his  deputies,  with  the  names 
of  the  persons  for  whom  each  article  was  inspected;  and  whenever  short  weight  is 
ascertained,  or  under  tare  marked,  the  inspector  so  finding,  shall  be  entitled  for 
every  hogshead,  cask,  or  box  containing  over  one  barrel,  twenty  cents,  and  for  even- 
barrel  and  under,  ten  cents,  the  charges  for  repacking  and  cooperage  to  be  no  more 
than  the  average  price  paid  for  such  work  at  the  time  the  inspection  is  had,  which 
shall  be  paid  by  the  party  demanding  the  inspection,  or  as  parties  may  agree,  but  in 
case  of  forfeiture,  then  the  parties  for  whose  benefit  it  is  condemned,  shall  pay  all 
such  charges;  but  in  case  no  condemnation  takes  place,  then  the  inspector  shall  be 
entitled  to  the  same  fees  tor  the  inspection  of  weight  he  is  for  quality,  but  no  more. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  pp. 
1 475  L476. 

10569.  Penalty  for  setting,  etc.,  unwholesonn  provisions.  Whoever  sells,  or  offers 
for  Bale,  or  has  in  his  possession  with  a  view  to  sell  any  kind  of  diseased,  corrupted, 
adulterated,  or  unwholesome  provisions,  \\  hether  for  meat  or  drink,  without  making 
the  condition  of  the  same  known  to  the  buyer,  and  whoever  kills  for  the  purpose  of 
sale,  any  calf  less  than  four  weeks  old,  or  sells,  or  has  in  possession  with  intent 
to  sell,  the  meat  of  any  call  which  he  know-  to  have  been  killed  when  less  than 
four   weeks  old,    shall  he  lined   not   more   than  fifty  dollars,  or  imprisoned    twenty 

days,  or  both. 

L0570.  Penalty  for  feedinf  unwholesome  <>/i'<ii  or  flesh  t<>  swine,  etc.  Whoever  feeds  to 
>-\\  ine,  or  animal.-  of  any  kind  used  lor  human  food  the  flesh  of  any  old  horse,  or  the 
flesh  of  any  animal  which  has  heroine  old,  decrepit,  infirm  or  sick,  or  of  on,-  that 
has  died  irom  such  cause,  or  any  offal  or  flesh  that  is  putrid  or  unwholesome,  shall 

be  lined  not  more  than  t  w<>  hundred  dollars  nor  less  than  lift)  .  or  imprisoned  for  the 
first  offense  not  more  than  thirty  days,  or  both,  and  for  a  second  offense  not  more 
than  -ix  months,  or  both. 

Passed  March  30,  1896.  92  0.  L.,  97;  Laning's  Revised  statutes  and  Recodified 
Laws,  L905,  vol.  l,  title  l.  ch.  7,  p. 

10791.  Selling  by  false  weights;  penalty.  Whoever  knowingly  sells,  or  directs  or 
permits  anj  person  in  his  employ  to  sell,  any  property,  and  makes  or  gives an^  false 
or  short  weight  or  measure;  and  any  person  owning  or  having  charge  of  an}  scales 


464  Foods     AND    FOOD    CONTROL. 

elyards,  for  the  purpose  oi  weighing  any  property,  who  knowingly  reports  am 
false  or  untrue  weight,  whereby  any  person  may  be  defrauded  or  injured,  -hall  be 
lined  not  more  than  fifty  dollars,  or  imprisoned  not  more  than  thirty  days,  or  both. 
10793.  Selling  articles   having  forged  brand,  label,  etc.,  aj)  lity.     Whoever 

vends,  or  keeps  for  sale,  any  goods,  merchandise,  mixture,  or  preparation,  upon 
which  any  forged  or  counterfeit  stamp,  brand,  imprint,  wrapper,  Label,  or  trade-mark 
is  placed  <»r  affixed,  and  intended  to  represent  the  said  goods,  merchandise,  mixture, 
or  preparation  as  the  true  and  genuine  goods,  merchandise,  mixture,  or  preparation 
of  any  Other  person,  knowing  the  same  to  he  counterfeit,  shall  he  lined  not  more 
than  one  hundred  dollars. 

Laning's  Revised  statutes  and  Recodified  Laws,  L905,  vol.  1.  title  1.  eh.  LI,  pp. 
2133-2134. 

1 0800.  Failure  to  mark  weights  on  packages;  fraudulent  transfi  r  of  brands  or  repacking 
of  branded  packages.  Whoever  puts  up  or  parks  any  goods  or  articles  sold  by  weight, 
into  any  case  or  package,  and  fails  or  omits  to  mark  thereon  the  >_rro.-s,  tare,  and  net 
weights  thereof,  in  pounds  and  fractions  of  pounds,  or,  with  intent  to  defraud,  in 
any  way  transfers  any  brand,  mark,  or  stamp  put  upon  any  case  or  package  by  any 
manufacturer,  to  any  other  case  or  package,  or,  with  the  like  intent,  repacks  any 
ease  or  package  marked  with  the  brand,  mark,  or  stamp  of  any  manufacturer,  with 
goods  or  articles  of  a  quality  inferior  to  the  goods  or  articles  of  that  manufacturer, 
shall  he  lined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more  than  six 
months,  or  both. 

Laning's  Revised  Statutes  and  Recodified  Law-,  L905,  vol.  1,  title  1,  eh.  LI,  p.  2134. 

10850.  CounterfeUing  inspector's  !>r<tu<!;  penalty.  Whoever  willfully  forges  or  coun- 
terfeits any  representation,  likeness,  similitude,  ropy,  or  imitation  of  the  brand  or 
mark  of  an  inspector  appointed  according  to  law,  or  impresses  such  forged  or  coun- 
terfeited brand  or  mark  on  any  cask,  barrel,  firkin,  keg,  box,  or  package  containing 

articles  subject  to  inspection  according  to  law,  shall  he  lined  not  more  than  five 
hundred  dollars,  or  imprisoned  in  the  penitentiary  not  more  than  twelve  months,  or 

both. 

10851.  Fraudulent  use  of  genuine  brands,  stamps,  </<•.     Whoever  has  in  hi.-  p 

sion  any  die,  plate,  brand,  engraving,  printed  Label,  stamp,  imprint,  wrapper,  or 
trade-mark,  or  any  representation,  likeness,  similitude,  copy,  or  imitation  thereof, 
usually  affixed  by  any  person  to  or  upon  articles  made,  manufactured,  prepared,  or 
compounded  by  him,  for  the  purpose  of  making  impressions  or  selling  tin-  same 

when  made,  or  using  the  same  upon  any  other  articles  made,  manufact  ured. "  pre- 
pared, or  compounded  by  him.  for  the  purpose  of  making  impressions,  or  selling  the 

Same  when  made,  or  using  the  -ame  upon  an\  other  articles  made,  manufactured, 
prepared,   or  compounded,   and    passing    the   same   off   upon   the  community  as   the 

original  goods,  manufacture,  preparation  or  compound  of  anj  other  person,  or  so  in 
fad  sells  or  uses  the  same,  or  wrongfully  and  fraudulentlj  oses  the  genuine  stamp, 

brand,  imprint,  wrapper,    label,   or   t  rade-mark,  with    intent    to    pa->  "If  an\    goods, 

merchandise,  mixture,  Compound,    or   other  article,    not    the   manufacture  of 

the    person    to    whom    such    stamp,    hrand,    imprint,    wrapper,    label,    or    trade-mark 

properly  belongs,  a-  genuine  and  original,  shall  he  lined  not  more  than  five  hun- 
dred dollar-,  or  imprisoned  not  more  than  twelve  month-,  or  both. 

Laning's  Revised  Statutes  and  Recodified  Laws,  L905,  voL  L,  title  1,  ch.  11,  p.  2142. 


n  Statutes 


ohio.  465 

11061.  Proceeding  to  reverse  order  of  conviction  in  circuit  court.  Whenever  after  a 
conviction  of  any  crime,  misdemeanor  or  violation  of  a  city  ordinance  in  any  court 
inferior  to  the  circuit  court,  such  conviction  maybe  reversed  by  the  circuit  court; 
in  each  and  all  such  cases  the  attorney  representing  the  state  may  take  proceedings 
in  error  in  the  supreme  court  to  reverse  the  order  of  reversal  in  the  circuit  court, 
and  it  shall  be  the  duty  of  the  clerk  of  the  circuit  court  on  application  by  or  on 
behalf  of  the  state  to  make  a  record  of  the  docket  and  journal  entries  in  any  such 
case,  and  the  clerk  shall  transmit  to  the  supreme  court  on  the  precipe  of  the  attorney, 
the  record  and  transcript  of  all  docket  and  journal  entries  therein,  and  of  all  bills 
of  exceptions,  papers  and  files  in  the  case.  And  like  proceedings  shall  be  had  in  the 
supreme  court  at  the  hearing  of  the  petition  in  error  as  in  other  cases.  And  it  shall 
be  the  duty  of  the  presiding  judge  of  such  circuit  court  to  appoint  some  competent 
attorney  to  argue  such  case  against  the  prosecuting  attorney  in  the  supreme  court. 
And  such  attorney  shall  receive  for  his  services  a  fee  to  be  fixed  by  such  circuit  court 
not  exceeding  one  hundred  dollars,  to  be  paid  out  of  the  treasury  of  said  county 
upon  the  order  of  such  circuit  court. 

Passed  April  17,  1896.  Laning's  Revised  Statutes  and  Recodified  Laws,  1905, 
vol.  1,  title  2,  ch.  6,  p.  2174. 

(J001.  Procedure  in  administration  of  fowl  laws,  jurisdiction,  costs,  etc.  Any  justice 
of  the  peace,  police  judge,  or  mayor  of  any  city  or  village,  shall  each  have  jurisdic- 
tion within  his  county,  in  all  cases  of  violation  of  the  laws  to  prevent  the  adulteration 
of  food  and  drink,  the  adulteration  or  deception  in  the  sale  of  dairy  products,  or  any 
other  foods,  and  drugs  and  medicines,  and  any  violation  of  the  law  for  the  prevention 
of  cruelty  to  animals  or  children,  or  under  section  4842  [3140-2],  7266  [4364-24], 
7267  [4364-25],  10678  [6984a]  of  the  Revised  Statutes  of  Ohio.  In  any  such  prose- 
cution where  imprisonment  may  be  a  part  of  the  punishment,  if  a  trial  by  jury  be 
not  waived,  the  said  justice  of  the  peace  shall,  not  less  than  three  nor  more  than  five 
days  before  the  time  fixed  for  trial,  certify  to  the  clerk  of  the  court  of  common  pleas 
of  his  county  that  such  prosecution  is  pending  before  him.  Thereupon  said  clerk 
shall  proceed  to  draw,  in  the  presence  of  representatives  of  both  parties,  from  the 
jury  wheel  or  box  containing  the  names  of  persons  selected  to  serve  as  petit  jurors  in 
the  court  of  common  pleas  in  said  county,  twenty  ballots  or  names,  which  shall  be 
drawn  and  counted  in  the  same  manner  as  for  jurors  in  said  court  of  common  pleas. 
Said  clerk  shall  forthwith  certify  the  names  SO  drawn  to  said  justice  of  the  peace. 
who,  upon  receipt  thereof,  shall  issue  to  any  constable  of  the  county  a  venire  con- 
taining such  name-  to  serve  as  jurors  to  try  such  case  and  make  due  return  thereof. 
The  jurors  shall  he  subject  to  the  same  challenges  as  jurors  are  subject  to  in  criminal 
cases,  except  capital  cases,  in  the  court  of  common  pleas.  If  the  venire  of  twenty 
names  he  exhausted  without  obtaining  the  required  number  to  till  the  panel,  the  jus- 
tice-hall (ill  the  panel  with  talesmen  in  the  manner  provided  for  criminal  cast-  in 
said  court  of  common  pl< 

In  all  cases  prosecuted  under  the  provisions  of  this  act,  no  costs  shall  be  required 
to  be  advanced  or  he  Becured  by  any  person  or  persons  authorized  under  the  law  to 
prosecute  such  cases;  and  if  dne  defendanl  be  acquitted  or  discharged  from  custody, 
by  nolle  <ir  otherwise,  or  if  he  be  convicted  and  committed  in  default  of  paying  fine 
and  costs,  all  costs  of  such  case  >hall  be  certified  by  -aid  justice  of  the  peace  under 
oath  to  the  count)  auditor,  who,  after  correcting  any  errors  in  the  same,  shall  issue 
a  warrant  on  the  county  treasurer,  in  favor  of  the  person  or  person.-  to  whom  such 
costs  and  feee  -hall  he  paid.     And  incases  brought  for  any  dotation  of  law  for  the 

prevention  Of  Crueltj   to  animal.-  or  children,  or  under  -ection  4842  [.".1  10  -8],   10(177 

[6984],  KH57S  [6984a],  or   L0684  [7017  3]   Revised   Statutes  of  ohio,  any  humane 
soei.ty  or  their  agents  ma\  employ  an  attorney  to  prosecute  the  same,  who  shall  be 


466  FOODS  AND  FOOD  CONTROL. 

paid  for  his  services  out  of  the  county  treasury  in  such  sum  as  any  judge  of  the  court 
of  common  pleas  or  probate  judge,  within  said  county,  or  the  county  commissioners, 
may  approve  as  just  and  reasonable. 

In  pursuing  or  arresting  any  defendant  and  in  subpoenaing  the  witnesses,  the  juris- 
diction and  powers  of  the  constable  or  other  court  officer  acting  in  such  capacity,  in 
all  such  cases,  shall  be  the  same  as  that  of  the  sheriff  of  the  county  in  criminal  cases 
in  the  common  pleas  court,  and  he  shall  receive  the  same  fees  therefor  as  arc  allowed 
said  sheriff.  Jurors  in  all  such  cases  and  witnesses  subpoenaed  in  all  such  cases  shall 
be  entitled  to  like  mileage  and  fees,  as  are  allowed  in  criminal  cases  in  the  court  of 
common  pleas,  and  in  all  other  respects,  in  so  far  as  the  same  may  be  applicable,  the 
procedure  provided  for  in  criminal  cases  in  the  common  pleas  court  not  otherwise 
inconsistent  herewith,  shall  be  followed.  And  provided  further,  that  where,  in  any 
such  laws,  after  the  first  offense,  a  different  punishment  is  provided  for  subsequent 
offenses,  the  information  or  affidavit,  in  order  to  avail  the  state  of  the  benefit  of  such 
additional  punishment,  shall  so  charge  that  it  is  the  second  or  subsequent  offense,  and 
unless  such  special  charge  is  so  made,  the  punishment  shall  in  all  cases  be  a-  of  the 
first  offense.  All  costs  and  moneys  which  are  to  be  paid  by  the  county  treasurer  as 
herein  provided,  shall  be  paid  out  of  the  general  revenue  fund  of  said  county. 

And  in  any  case  prosecuted  under  the  provisions  of  this  section,  a  new  trial,  after  a 
verdict  of  conviction,  may  be  granted,  for  any  of  the  reason-  enumerated  in  section 
11114  [7350]  of  the  Revised  Statutes,  upon  the  written  application  of  the  defendant, 
filed  within  three  days  after  the  rendition  of  the  verdict;  provided  that  the  causes 
enumerated  in  subdivision  two,  three  and  five  of  said  section  must  be  sustained  by 
affidavits  or  other  evidence  showing  their  truth  and  may  be  controverted  by  like 
evidence. 

Passed  May  10,  1902.     Laning's  Revised  Statutes  and  Recodified  Laws,  L905,  vol.  1, 

title  11,  ch.  14,  pp.  125&-1257. 

ALCOHOLIC  BEVERAGES 

7  1  !M>.  (1  ).  Adulterated  wine  defined;  penalty.  All  liquors  denominated  as  wine  con- 
taining alcohol,  "except  such  as  shall  he  produced  by  the  natural  fermentation  of 
pure,  undried  grape-juice,"  or  compounded  with  distilled  spirits,  or  by  Loth  meth- 
ods, w  bether  denominated  as  wine,  or  by  any  other  name  whatsoever,  in  the  nature  of 
articles  for  use  as  beverages,  except  as  allowed  in  section  four  [7199]  of  this  act,  or  for 
compounding  with  other  liquors  tor  such  use,  and  all  compounds  of  the  same  with 
pure  wine,  and  all  preserved  fruit-juices  compounded  with  substances  not  produced 
from  undried  fruit,  in  character  of ,  or  intended  for  use  as  Leverages,  and  all  wines 
(including  all  grades  and  kinds)  which  contain,  or  in  the  production  or  manufacture 
of  which,  any  glucose,  or  uncrystallized  grape  or  starch  sugar,  or  cider,  or  pomace  of 
grapes  out  of  which  the  juice  has  been  pressed  or  extracted,  known  as  grape  cheese, 
has  been  used,  and  all  wines,  imitation  of  wines  or  other  beverages  produced  from 

fruit  into  which  carbonic  acid  gas  has  been  artilically  injected,  or  which  shall  con- 
tain any  alum,  baryta,  salts,  caustic  lime,  carbonate  of  soda,  carbonate  of  potash, 
carbonic  acid,  salts  of  lead,  salicylic  acid  or  any  other  antiseptic,  coloring  matter 
i  other  than  produced  from  undried  fruit,  or  pure  sugar  .  essence  of  either"  or  any 

•ii   substance  whatever,  which    is  injurious  to   health,  shall   he  denominated   as 

adulterated  \\  ine,  and 

Any  pei-  -n  or  persons  who  shall  manufacture,  or  cause  the  same  to  he  done,  with 
intent  t<.  sell,  or  shall  sell  or  offer  to  Bell,  any  of  such  wine  or  beverage,  shall  be 
guilty  of  a  misdemeanor,  and  shall  he  punished  bj  a  line  of  not  less  than  two  hun- 
dred dollar-,  or  more  than  one  thousand  dollars,  or  be  imprisoned  in  the  county  jail 


"So  in  Staluti 


ohio.  .        467 

for  a  term  of  less  than  thirty  days  or  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court,  and  shall  be  liable  to  a  penalty  of  one 
dollar  for  each  gallon  thereof  sold,  offered  for  sale,  or  manufactured  with  intent  to 
sell,  and  such  wine  or  beverage  shall  be  deemed  a  public  nuisance  and  forfeited  to 
the  state,  and  shall  be  summarily  seized  and  destroyed  by  any  health  officer,  mar- 
shal, constable  or  sheriff,  within  whose  jurisdiction  the  same  shall  be  found,  and  the 
reasonable  expense  of  such  seizure  and  destruction,  not  exceeding  the  amount  paid 
for  similiar  services,  shall  be  a  county  charge,  and  paid  out  of  the  county  treasury 
in  the  same  manner  as  costs  in  criminal  cases,  where  the  state  fails  to  convict,  are 
now  allowed  and  paid  out  of  such  treasury. — As  amended  March  26, 1891,  88  0.  L.  231. 

7197.  (2.)  Defining  "pure  wine;"  labels.  For  the  purpose  of  this  act  the  words 
11  pure  wine"  shall  be  understood  to  mean  the  fermented  juice  of  the  undried  grapes, 
without  the  addition  thereto  of  water,  sugar,  or  any  foreign  substance  whatever;  and 

All  such  wines  shall  be  known  as  "pure  wine"  and  shall  be  stamped,  branded, 
labeled,  designated  and  sold  as  "pure  wine,"  and  the  name  and  kind  of  wine,  and 
that  of  the  locality  where  such  wine  is  made,  and  of  the  manufacturer,  may  also  be 
added;  and  it  shall  be  unlawful  to  affix  any  stamp,  brand  or  label  containing  the 
words  "pure  wine"  (either  alone  or  with  other  words)  on  any  vessel,  package, 
bottle  or  other  receptacle  containing  any  substance  other  than  pure  wine  as  in  this 
section  defined,  or  to  prepare,  or  use  on  any  vessel,  package,  bottle,  or  other  recep- 
tacle containing  any  liquid,  any  imitation  or  counterfeit  of  such  stamp,  label  or 
brand,  or  any  stamp,  label  or  brand  of  such  form  and  appearance  as  to  be  calcu- 
lated to  mislead  or  deceive  any  person,  or  cause  to  be  supposed  that  the  contents 
thereof  be  pure  wine,  or  to  use  any  vessel,  package,  bottle  or  other  receptacle,  hav- 
ing such  stamp,  brand  or  label  affixed  thereon,  except  for  pure  wine,  as  in  this  sec- 
tion defined;  and  if  the  name  of  the  manufacturer  is  added,  then  only  of  such 
manufacturer's  make,  providing  the  same  is  pure  wine.  And  any  person  selling 
such  wine  shall  in  the  invoice  thereof  plainly  state  and  designate  the  same  as  "  pure 
wine."— As  amended  March  96,  1891,  88  0.  I.  9S1. 

7 1  US.  (3.)  "Wvne"  defined.  For  the  further  purpose  of  this  act  the  word  "wine" 
shall  be  understood  to  mean  the  fermented  juice  of  undried  grapes;  provided,  how- 
ever, that  the  addition  of  [Mire  white  or  crystallized  sugar  to  perfect  the  wine,  or  the 
using  of  the  necessary  things  to  clarify  and  refine  the  wine  which  are  not  injurious 
to  health,  shall  not  be  construed  as  adulterations,  but  such  wine  shall  contain  at 
least  seventy-live  percent,  of  pure  grape  juice,  and  shall  not  contain  any  artificial 
flavoring  whatever;  and 

All  such  -'wine"  shall  he  known  as  "wine,"  and  shall  be  stamped,  branded, 
labeled  and  -old  a-  "  wine,"  in  the  same  manner  as  is  provided  in  section  two  [7197] 
of  this  act  in  case  of  pure  wine,  except  the  words  in  this  case  shall  be  "  wine  "  with- 
out the  prefix  "pure  "and  all  the  provisions  of  Baid  section  two  [7197],  as  tar  as 

applicable,  shall  govern  the  manufacture  and  sale  of  "wine"  ;i-  in  this  section 
defined.      And  any  person  selling  such  wine  shall  in  the  invoice  thereof  plainly  state 

and  designate  the  same  as  "wine"  without  using  the  prefix  "pure." — Ae  amended 
March  96,  1891,  88  <>.  L.  281. 
7199.    (4.)  "Compounded  wine"  defined;  labeling.     For  the  further  purpose  of  this 

act,  the  word  "compounded  wine"  shall  he  understood  to  mean  any  wine  which  con- 
tains leas  than  seventy-five  per  cent,  of  pure  undried  grape-juice,  and  is  otherwise  pure, 
and  all  wines  containing  alcohol  or  any  other  distilled  spirits  not  produced  by  the 
Datura]  fermentation  of  pure  undried  grapes,  such  wine  shall  he  known  a-  com 
pounded  u  ine,  and  shall  he  branded,  marked,  labeled  and  sold  as  compounded  wine, 
and  the  name  of  such  w  ine  may  in-  added,  or  such  wine  shall  he  branded,  labeled 

and   marked   by  using  the  word  "compounded"  next    preceding  the  name  of  such 

wine,  such  as  "compounded  sweet  catawba,"  or  "compounded  port  wine,"  or  the 
like  (and  an  addition  of  pure  distilled  spirits  not  to  exceed  eighl  per  cent,  of  its 


468  FOODS  AND  FOOD  CONTROL. 

volume  shall  not  be  taken  to  be  an  adulteration  of  such  wine);  and  upon  each  and 
every  package,  barrel  or  other  receptacle  of  such  wine,  which  shall  contain  more  than 
three  gallons,  there  shall  be  stamped  upon  both  ends  of  such  package,  barrel  or  other 
receptacle,  in  black  printed  letters  at  least  one  inch  high  and  of  proper  proportion,  the 
woids  "compounded  wine"  or  the  name  of  such  wine,  preceded  by  the  word  "com- 
pounded" as  in  this  section  provided,  and  upon  all  packages  or  other  receptacle 
which  shall  contain  more  than  one  quart  and  up  to  three  gallons,  there  shall  be 
stamped  upon  each  of  said  packages  or  receptacles  in  plain,  printed  black  letters,  at 
least  one-half  inch  high,  and  of  proper  proportion,  the  words  "compounded  wine." 
or  the  name  of  such  wine,  preceded  by  the  word  "compounded,"  as  in  this  section 
provided,  and  upon  all  packages,  bottles  or  other  receptacles  of  one  quart  or  less, 
there  shall  be  placed  a  label  securely  pasted  thereon,  on  which  label  the  words 
"  compounded  wine,"  orthe  name  of  the  wine,  preceded  by  the  word  "compounded," 
shall  be  plainly  printed  in  black  letters  at  least  one-fourth  of  an  inch  high  and  of 
proper  proportion.  Should  any  number  of  such  packages  or  other  receptacle  be 
inclosed  in  a  larger  package,  as  a  box,  barrel,  case  or  basket,  such  outside  package 
shall  also  receive  the  stamp  "compounded  wine"  orthe  name  of  such  wine,  pre- 
ceded  by  the  word  "compounded,"  the  letters  to  be  the  size  according  to  the 
amount  of  such  wine  contained  in  such  outside  packages.  And  any  person  selling 
wine  of  the  kind  this  section  denned,  shall  in  the  invoice  thereof  plainly  state  and 
designate  such  wine  as  "compounded  wine." — As  amended  March  26,  1891,  88,  0.  L. 
231. 

7200.  (5.)  Misbranding;  penally;  prosecutions.  Any  person  or  persons  who  shall 
sell  or  offer  for  sale,  or  manufacture  or  cause  the  same  to  be  done,  with  intent  to 
sell  any  wine  stamped  or  labeled,  or  branded,  or  designated  in  any  manner  as 
"  pure  wine,"  either  by  including  the  word  "  pure"  with  "wine"  alone  or  in  con- 
nection with  other  words,  which  is  not  "pure  wine"  as  is  in  section  two  [7197] 
of  this  act  defined,  or  any  wine  stamped,  or  labeled  or  branded,  or  in  any  manner 
designated  as  "wine,"  but  which  is  not  wine,  as  in  section  three  [7198]  of  this  act 
defined,  or  shall  violate  any  provision  of  said  sections  two  [7197]  and  three  [7198]  of 
this  act,  or  shall  sell  or  offer  for  sale,  or  manufacture,  or  cause  the  same  to  be  done, 
with  intent  to  sell  any  wine  of  the  kind  and  character  as  described  in  the  fourth 
section  [7199]  of  this  act,  which  shall  not  be  stamped,  marked,  or  labeled  after 
the  manner  and  mode  therein  prescribed,  or  which  is  falsely  Btamped,  or  marked,  or 
labeled,  such  person  or  persons  shall  be  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  or  more  than  one  thousand  dol- 
lars for  each  and  every  offense,  or  by  imprisonmenl  in  the  county  jail  not  less  than 
thirty  days,  or  more  than  six  months,  or  both  fine  and  Imprisonment,  in  the  discre- 
tion bf  the  court,  and  iii  addition  thereto  shall  be  liable  to  a  penalty  of  one-half 
dollar  for  each  gallon  thereof  sold,  offered  for  Bale,  OT  manufactured  with  intent  to 
sell  or  offer  for  sale.      All  penalties  imposed    by  this  act,  may  be  recovered  w  ith  costs 

of  action  hy  any  person  in  his  own  name,  before  any  justice  of  the  peace  in  the 
county  where  the  offense  was  committed,  where  the  amount  does  not  exceed  the 
jurisdiction  of  Buch  justice;  and  such  penalties  may  be  recovered  in  the  like  manner 
in  any  court  of  record  in  the  state,  bul  on  the  recovery  by  the  plaintiff  in  such  case 

for  a  sum  less  than  fifty  dollars,  the  plaintiff  shall  only  be  entitled  to  costs  to  amount 

equal  to  the  amount  of  such  recoverj , 

It  -hall  be  the  duty  of  the  prosecuting  attorney  of   the   respective  counties  of  this 

state,  and  they  are  hereby  required  to  prosecute  or  commence  action  in  the  name  of 

tht    state   Of  Ohio,  for  the    recovery  of   the  penalties   allowed    herein,   II] receiving 

i-roper  Information  thereof ,  and  in  actions  brought  by  such  prosecuting  attorney, 
one-half  of  the  penalty  recovered  shall  belong  to  and  be  paid  over  to  the  person  or 

persons  giving  the  information  upon  which  the  action  is  brought,  and  the  other  one- 
half -hall  be  paid  to  the  treasurer  of  the  county  in  which  said  action  is  brought, 


OHIO, 


469 


within  thirty  days  from  the  time  of  its  collection,  and  such  money  shall  be  placed  to 
the  credit  of  the  poor  fund  of  the  town,  city  or  township  in  which  the  cause  of  action 
arose,  after  paying  therefrom  a  reasonable  attorney  fee  to  the  prosecuting  attorney 
prosecuting  such  suit,  to  be  fixed  and  allowed  by  the  court  trying  such  cause.  All 
judgments  recovered  in  pursuance  of  the  provisions  of  this  act,  with  interest  thereon, 
may  be  collected  and  enforced  by  the  same  means  and  in  the  same  manner  as  judg- 
ments in  other  rases.     Two  or  more  penalties  may  be  included  in  the  same  action. 

7*201.  (6.)  Medicated  wines,  etc.,  exempt.  The  provisions  of  this  act  shall  not  apply 
to  medicted  wines,  such  as  are  put  up  and  sold  for  medicinal  purposes  only;  nor  to 
currant  wine  or  other  wines  made  from  fruits,  other  than  grapes,  which  are  plainly 
labeled,  or  branded,  or  designated  and  sold,  or  offered  for  sale  under  names  including 
the  word  wine,  but  also  expressing  distinctly  the  fruit  from  which  they  are  made,  as 
"gooseberry  wine,"  "elderberry  wine,"  or  the  like. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  pp. 
1493-1495. 

10(>0S.  Branding;  penalty.  Whoever,  being  engaged  in  the  manufacture  and  sale 
of  intoxicating  liquor,  fails  to  brand  on  each  package  containing  the  same  the  name 
of  the  person  or  company  manufacturing,  rectifying,  or  preparing  the  same,  and  also 
tin-  words  "Containing  no  poisonous  drug,  or  other  added  poison,"  shall  be  fined 
not  more  than  one  thousand  dollars,  and  imprisoned  not  more  than  six  months  nor 
!<*>s  than  one  month. 

10609.  Adulteration;  penalty.  Whoever  adulterates,  except  for  medicinal  or 
mechanical  purposes,  any  spirituous  or  alcoholic  liquors,  by  mixing  the  same  with 
any  substance,  or  sells  or  offers  to  sell  any  such  liquor,  knowing  the  same  to  be  thus 
adulterated,  or  imports  into  this  state,  and  sells  or  offers  to  sell,  any  such  liquor, 
knowing  the  same  to  be  thus  adulterated,  and  not  inspected  as  required  bylaw, 
shall  be  fined  not  more  than  five  hundred  nor  less  than  one  hundred  dollars,  and 
imprisoned  not  more  than  thirty  nor  less  than  ten  days. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1.  title  1,  ch.  S.  p. 

7189.  Standard  for  casks  <n«l  barrels.     All  barrels  or  casks  containing  domestic 

spirits -hall  be  made  of  ur 1.  well  seasoned  white  oak  timber,  clear  of  sap  wood, 

bound  with  not  less  than  ten  good  and  sufficient  hoops. 

7190.  /  brand  casks  at  to  quality  and  quantity  of  contents.  Bach  inspector 
<>f  domestic  spirits,  appointed  under  the  provisions  of  this  chapter,  shall  provide 
himself  with  the  most  common  and  approved  instruments  for  ascertaining  the 
capacity  of  a  barrel  or  <-a-k,  and  with  the  hydrometer  used  by  United  state-  inspectors 
for  ascertaining  the  strength  of  spirituous  liquors,  t.»  test  the  quality  or  proof  thereof, 
and  to  keep  the  same  in  good  order;  and  when  called  upon  lor  that  purpose  shall 
immediately  gauge  or  ascertain  the  capacity  and  contents  of  any  barrel  or  cask,  and 

the  quality  or  proof  of  tin-  contents  thereof,  and  mark  on  such  barrel  or  cask  the  true 
quantity  the  barrel  or  cask  will  contain,  in  wine  gallons,  the  amount  of  wastage,  and 
the  quality  or  proof  of  such  domestic  spirits,  with  the  word  "Ohio."  and  the  name 
of  the  county  where  inspected. 

7191.  TAquon  t<>  '  I.  The  inspector  -hall  inspect  all  alcoholic  liquors 
imported  into  or  manufactured  in  the  comity  in  which  he  i-  inspector,  unless  the 
nine  ha-  the  inspector's  brand  of  some  other  county  in  this  state,  w  hich  brand  -hall 
be  ei  idence  ol  the  purity  of  the  article. 

7198.  Sale  of  uninspected  liquor;  penalty.  Any  person  who  >ells  or  offers  to  sell 
any  spirituous   liquors,  not    inspected  a-  herein   provided,  shall   be  fined  in  any  sum 

not  exceeding  five  hundred  dollars,  nor  less  than  one  hundred  dollars,  and  impris- 
oned in  the  jail  of  the  county,  not  more  than  thirty,  nor  leSfi  than  ten  daw-. 


470  FOODS  AND  FOOD  CONTROL. 

7193,  Inspector' s  record;  fees  and  expenses.  The  inspector  shall  keep  an  accurate 
account  of  all  liquors  by  him  inspected,  and  mark  on  the  casks  or  barrels  the  word 
"pure,"  if  so  found,  and  if  otherwise,  the  word  "  impure;"  and  when  he  finds  any 
adulterated  liquors,  he  shall  give  notice  to  the  prosecuting  attorney  of  the  county,  of 
the  person  owning  or  offering  for  sale  such  adulterated  liquors,  who  shall  forthwith 
institute  proceedings  against  such  persons  as  hereinafter  provided;  and  if,  upon  the 
trial,  he  is  found  guilty  of  a  violation  of  the  foregoing  provisions,  the  inspector  shall 
forthwith  destroy  such  adulterated  liquor;  the  inspector  shall  be  entitled  to  receive 
for  his  services,  two  dollars  per  day,  and  mileage  at  the  rate  of  five  cents  per  mile, 
for  each  mile  he  may  necessarily  be  required  to  travel  in  the  discharge  of  his  duties, 
from  the  owner  of  the  same,  or  the  person  offering  to  sell. 

711)4.  Medicinal  liquors,  etc.,  exempt.  The  provisions  of  this  chapter  shall  not  be 
so  construed  as  to  prevent  druggists,  physicians,  and  persons  engaged  in  the  mechan- 
ical arts,  from  adulterating  liquors  for  medicinal  or  mechanical  purp< 

71!>5.  Inspector's  fine  for  dealing  in  articles  inspected.  Any  person  appointed 
inspector  and  gauger  of  domestic  and  foreign  spirits,  or  linseed  oil,  who  purchases, 
stores,  freights,  or  in  anywise  deals  in  the  articles  he  is  appointed  to  inspect  or 
gauge,  either  directly  or  indirectly,  shall  forfeit  and  pay,  for  every  such  offense,  a 
sum  not  exceeding  one  hundred  dollars,  and  be  removed  from  office. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  1493. 

10S05.  False  branding;  fine.  Whoever  puts  into  any  barrel,  cask,  or  other  vessel, 
having  the  private  stamp,  brand,  wrapper,  label,  or  trade-mark  usually  affixed  by 
any  maker  of  wine  from  grapes  grown  within  the  state  of  Ohio,  adulterated  Liquors, 
for  the  purpose  of  deceiving  any  person  by  the  sale  thereof,  shall  be  fined  not  more 
than  one  hundred  dollars,  or  imprisoned  not  more  than  twelve  nor  less  than  three 
months,  or  both. 

L0806.  False  use  of  auks  hranded  "pure."  Whoever  puts  into  any  barrel,  cask,  or 
other  vessel,  branded  or  marked  pure  by  any  inspector  in  this  state,  adulterated 
liquors,  or  knowingly  sells  or  offers  for  sale  such  liquors  in  packages  so  branded, 
shall  be  imprisoned  in  the  penitentiary  not  more  than  twelve  months. 

Laning's  Revised  Statutes  and  Recodified  Laws,  L905,  vol.  1,  title  1,  ch.  11,  p.  2135. 
10828.  Adulteration  of  domestic  onus.     Whoever  adulterates  any  wine  made,  or 

juice  expressed,  from  grapes  grown  within  the  state  of  Ohio,  by  mixing  therewith 
any  drugs,  chemicals,  cider,  whiskey,  or  other  liquor;  and  whoever  sells,  or  offers  to 
sell,  any  such  adulterated  wine  or  grape  juice,  knowing  the  same  to  be  adulterated, 

shall  he  lined  in  any  sum  QOf  more  than  three  hundred  nor  lees  than  fifty  dollar-. 

L0829.  Adulteration  of  liquors;  /><n<t/h/.  Whosoever  adulterates,  for  the  purpose 
of  sale, any  spirituous,  alcoholic  or  malt  liquors  used  or  intended  for  drink,  or  medical 

or  mechanical  purposes,  with  coculus-indicus,  vitriol,  grains  of  paradise,  opium,  alum, 
capsicum,  copperas,  laurel  water,  logwood,  lhaxil-w  ood,  cochineal,  sugar  of  lead,  aloes, 
glucose,  tannic  acid,  or  any  other  substance  which  is  poisonous  or  injurious  to  health, 
or  with  any  substance  not  a  accessary  ingredient  in  the  manufacture  thereof;  and 
whosoever  sells  or  offers  or  keeps  for  -ale  anj  such  liquors  so  adulterated,  shall  be 

fined  in  any  sum  not  less  than  twenty  DOT  more  than  one  hundred  dollars,  or  he 
imprisoned  not  less  than  twenty  nor  more  than  >i\t\  days,  Or  both,  at  the  discretion 
of  the  COUrt.      And  any  pel -on  guilty  of  violating  an\  of  the  pr«>\  i.-ion-  of  this  section, 

-hall  be  adjudged  to  pay,  in  addition  to  the  penalties  hereinbefore  provided  for,  all 
and  expenses  incurred  In  inspecting  and  analyzing  any  such  adulter- 
ated liquors  of  which  said  party  may  have  been  guilty  of  adulterating,  or  Belling,  or 
keeping  for  sale,  or  offering  for  sale.— At  amended  March  P5,  I88t,  ;'.>  0.  L.. 


ohio.  471 

10M30.  Manufacturing  or  selling  poisoned  liquors.  Whosoever  uses  any  active  poison 
in  the  manufacture  or  preparation  of  any  intoxicating  liquor,  or  sells  in  any  quantify 
any  intoxicating  liquor  so  manufactured  or  prepared,  shall  be  imprisoned  in  the  peni- 
tentiary not  more  than  five  years  nor  less  than  one  year. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  1,  ch.  11,  p.  2138. 

10849.  Forging  brand,  stamp,  label  or  trade-mark.  Whoever  wilfully  forges  or  coun- 
terfeits any  representation,  likeness,  similitude,  copy;  or  imitation  of  the  private  brand, 
wrapper,  label,  or  trade-mark  usually  affixed  by  any  person  to  or  upon  the  goods, 
wares,  merchandise,  preparation,  or  mixture  of  such  person,  or  by  any  maker  of 
wine  from  grapes  grown  within  this  state,  to  the  bottles  or  casks  used  by  him  to 
contain  the  same,  with  the  intent  to  pass  off  any  work,  goods,  manufacture,  wine, 
compound,  preparation,  or  mixture,  to  which  such  forged  or  counterfeit  representa- 
tion, likeness,  similitude,  copy,  or  imitation  is  affixed,  or  intended  to  be  affixed. « 
as  the  work,  goods,  manufacture,  wine,  compound,  preparation,  or  mixture  of  such 
person,  shall  be  fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more 
than  twelve  months,  or  both. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  1,  ch.  11,  p.  2142. 

CANDY. 

7074.  Manufacture  and  sale  of  adulterated  candy.  No  person  shall  manufacture  for 
sale,  or  sell  or  offer  to  sell  any  candy  adulterated  by  the  admixture  of  terra  alba, 
berytes,«  talc,  or  other  mineral  substance,  or  poisonous  colors  or  flavors,  or  other 
ingredients  deleterious  or  detrimental  to  health. 

7075.  Samples.  Every  person  manufacturing  any  candy,  or  offering  or  exposing 
the  Bame  for  sale,  shall  furnish  to  any  person  interested  or  demanding  the  same,  who 
shall  apply  to  him  for  that  purpose,  and  shall  tender  him  the  value  of  the  same,  a 
sample  sufficient  for  the  analysis  thereof. 

7070.  Penalties.  Whoever  refuses  t<»  comply,  upon  demand,  with  the  require- 
ments of  section  2  [7075],  and  whoever  violates  any  of  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  lined  not  exceeding 
One  hundred  dollars  nor  less  than  twenty-live  dollars,  or  imprisoned  not  exceeding 
one  hundred  nor  Less  than  thirty  day-,  or  both;  and  he  shall  be  adjudged  to  pay  in 
addition  all  necessary  costs  and  expenses  Incurred  in  the  inspecting  and  analyzing 
such  adulterated  candy,  and  the  same  shall  be  forfeited  and  destroyed  under  the 
direction  of  the  court. 

Passed   May  8,   1H<h;.     83  0.   L.,   L19;  Laning's  Revised  statutes  and   Recodified 

Laws,   1905,  vol.   !,  title  5,  ch.  8,  p.   1477. 

CANNED  <;<><>i>s. 

L0802.  (1.)  Sale  of  unlabeled  canned  fruits  and  vegetables.  It  shall  hereafter  be 
unlawful  in  this  state  for  any  packer  or  dealer  in  preserved  or  canned  fruits  and  veg- 
etables, or  other  articles  of  food,  to  offer  such  canned  articles  for  Kile  after  January 

1,   L886,  with  the  exception  of  goods  brought  from  foreign  countries  or  packed    prior 

to  the  passage  of  this  act,  mil.--  Buch  articles  bear  a  mark  to  indicate  the  grade  or 
quality,  together  with  the  name  and  address  of  such  firm,  person  or  corporation  that 
pack  the  same  or  dealer  who  sells  the  same. 

L0808.   (2.)   Labeling  of  "soaked"  goods  and  cans  of  maple  molasses,     All  soaked 

goods,  <>r  g l-  put  up  from  product-  dried   before  canning,  .-hall  be  plainly  marked 

by  an    adhesive   label,  having  on    its   fare  the  word  "soaked,"  in    letters  Qol    I' 

"  So  in  Statu' 
10945— No.  08,  pt  »i— 0<> 2 


472  FOODS    AND    FOOD    CONTROL. 

size  than  two-line  pica,  <>f  Bolid  and  legible  type;  and  all  cans,  jugs,  or  other  pack- 
ages, containing  maple  Byrnp  or  molasses,  -hall  be  plainly  marked  byan  adhesive 

label,  having  on  its  face  the  name  and  address  of  the  person,  firm,  or  corporation 
who  made  or  prepared  the  same,  together  with  the  name  and  quality  of  the  goods,  in 
letters  of  the  size  provided  in  this  section.— Amended  February  /■>.  1886,  S3  0.  L.,  10; 
reenacted  April  8}  1886,  83  0.  1. 

10n04.  (3.)  Falsi  or  fraudulent  stamps  or  labels;  penalty.  Any  person,  firm,  or  cor- 
poration who  shall  falsely  stamp  or  label  snch  cans  or  jars  containing  preserved  fruit 
or  food  of  any  kind,  or  knowingly  permit  snch  false  stamping  or  labeling,  and  any 
person,  firm  or  corporation  who  shall  violate  any  of  the  provisions  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  punished  with  a  fine  not  less  than  $50  in 
the  case  of  vendors,  and  in  the  case  of  manufacturers,  and  those  falsely  or  fraudu- 
lently stamping  or  labeling  such  cans  or  jars,  a  fine  of  not  less  than  $500  nor  more 
than  81,000;  and  it  shall  be  the  duty  of  any  board  of  health  in  this  state,  cognizant 
of  any  violation  of  this  act,  to  prosecute  any  person,  firm  or  corporation  which  it  has 
reason  to  believe  has  violated  any  of  the  provisions  of  this  act,  and  after  deducting 
the  eosts  of  trial  and  conviction,  to  retain  for  the  use  of  such  board  the  balance  of 
the  fine  or  fines  recovered. 

Passed  April  29,  1885.  Laning's  Revised  Statutes  and  Recodified  haws,  1905,  vol. 
1,  title  1,  eh.   11,  p.  2135. 

DAIRY  PRODUCTS,  a 

7107.  (1.)  Adulterated  or  diseased  milk.  Whoever,  by  himself  or  by  his  servant, 
or  agent,  or  as  the  servant  or  agent  of  any  other  person,  sells,  exchanges  or  delivers, 
or  has  in  his  custody  or  possession  with  intent  to  sell  or  exchange,  or  exposes  or 
off.  rs  tor  -ale  or  exchange,  adulterated  milk,  or  milk  to  which  water  or  any  foreign 
substance  has  been  added,  or  milk  from  diseased  orsick  cows,  shall,  for  a  tirst  offense, 
he  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars;  for 
a  second  offense,  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  three 
hundred  dollars,  or  by  imprisonment  in  the  workhouse  for  not  less  than  thirty  nor 
more  than  sixty  days;  and  for  a  Subsequent  offense,  by  a  line  of  fifty  dollars,  and  by 
imprisonment  in  the  workhouse  of  not  less  than  sixty  nor  more  than  ninety  days. 

710s.  i  :'.  i  Skimmed  milk  sold  as  pure.     Whoever,  by  himself  or  by  bis  servant  or 

agent,  or  ;i-  the  servant  or  agent  of  any  other  person,  sells,  exchangee  or  deliver-,  or 
has  in  liis  custody  or  possession,  w  ith  intent  to  sell  or  exchange,  or  exposes  or  offers 
for  -ale  as  pure  milk,  any  milk  from  which  the  cream  or  part  thereof  lias  been 
removed.  Bhall  be  punished  by  the  penalties  provided  in  the  preceding  section. 

7109.  (3.)  Skimmed  milk  must  i>c  labeled.     No  dealer  in  milk,  and  do  servant  or 

agent   of  snch   a  dealer,  shall   sell,  exchange,  or  deliver,  of  have  in   his  custody  or 

-ion,    with   intent    to    -ell,   exchange  or  deliver,   milk   from   which   the  cream 

or  part  thereof  ha-  been  removed,  unless  in  a  conspicuous  place,  above  the  center, 

upon  the  outside  of  every  ves-el,  can  or  package,  from  which  or  in  \\  hich  such  milk  is 
iold,  the  words  "skimmed  milk  "  are  distinctly  marked  in  uncondeiised  gothic  letters 
not   less  than  one  inch  in  length.     Whoever  violates  the  provisions  of  this  section 

shall  he  punished  by  the  penalties  provided  in  section   1.       [7107.] 

71  10.  i  i.  i  Milk  standards.  In  all  prosecutions  under  this  chapter,  if  the  milk  is 
shown  upon  analysis  to  contain  more  than  eighty-eight  per  cent,  of  \\ater\  fluid,  OT 
to  contain  less  than  12  per  cent,  of  solids  or  to  contain  less  than  three  per  cent,  of 
fat-,  it  -hall  be  deemed  for  t  he  pm  po-e  of  t  h  is  chapter  to  he  adulterate*  1.       AeOMH  wUd 

April  W,  1904,  Laws  of  1904,  I  ffou  ■  Bill  Vo.    '■■').  p.  119. 

ed  April   in.  i  0.    L,  229;  Laning's  Revised  statutes  and  Recodified 

L906,  vol.  i,  title  :.,  ch.  6,  p.  I  182. 


also  I  teneraJ  Pood  Laws. 


oHio.  473 

7,111.  (1.)  Imitation  butter  and  cheese.  No  person,  by  himself  or  his  agent,  or  his 
employee,  shall  lender  or  manufacture  for  sale  out  of  any  animal  or  vegetable  oils, 
not  produced  from  unadulterated  milk  or  cream  from  the  same,  any  article  in  imita- 
tion or  semblance  of  natural  butter  or  cheese  produced  from  pure  unadulterated 
milk  or  cream  from  the  same,  nor  compound  with,  or  add  to  milk,  cream  or  butter 
any  acids  or  other  deleterious  substance,  or  animal  fats  or  animal  or  vegetable  oils 
not  produced  from  milk  or  cream,  so  as  to  produce  any  article  or  substance,  or  any 
human  food,  in  imitation  or  semblance  of  natural  butter  or  cheese,  nor  shall  sell, 
keep  for  sale  or  offer  for  sale  any  article,  substance  or  compound  made,  manufactured 
or  produced  in  violation  of  the  provisions  of  this  section,  whether  such  article,  sub- 
stance or  compound  shall  be  made  or  produced  in  this  state  or  elsewhere. 

7112.  (2.)  Natural  butter  and  cheese,  etc.,  defined.  For  the  purpose  of  this  act  the 
terms  "natural  butter  and  cheese,"  "natural  butter  or  cheese  produced  from  pure 
unadulterated  milk  or  cream  from  the  same,  butter  and  cheese  made  from  unadul- 
terated milk  or  cream,  butter  or  cheese,  the  product  of  the  dairy.'"  and  butter  or 
cheese,  shall  be  understood  to  mean  the  products  usually  known  by  the  terms  butter 
and  cheese,  and  which  butter  is  manufactured  exclusively  from  pure  milk  or  cream 
or  both,  with  salt  and  with  or  without  any  harmless  coloring  matter,  and  which 
cheese  is  manufactured  exclusively  from  pure  milk  or  cream  or  both,  with  salt  and 
rennet  and  with  or  without  any  harmless  coloring  matter  or  sage.  It  is  further 
provided  that  nothing  in  this  act  shall  be  construed  to  prohibit  the  manufacture  or 
sale  of  oleomargarine,  in  a  separate  and  distinct  form,  and  in  such  manner  as  will 
advise  the  consumer  of  its  real  character,  free  from  any  coloring  matter  or  other 
ingredient  causing  it  to  look  like  or  appear  to  be  butter,  as  above  defined. 

7113.  (3.)  Penalty.  Whoever  violates  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  be  punished  by  a  line  of  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred,  or  not  less  than  six  months'  nor  more  than  one  year's 
imprisonment,  for  the  first  offense,  and  by  imprisonment  lor  one  year  for  each 
sul (sequent  offense. 

Passed  March  7,  1890.    84  (.).  L.,  51;  Laning's  Revised  statutes  and  Recodified 

Laws,  1905,  vol.  1,  title",,  eh.  s,  pp.  14S2-1483. 

7114.  (1.)  Coloring  matter  in  oUomargarine.  No  person  shall  manufacture,  offer 
or  expose  for  sale,  sell  or  deliver,  or  have  in  his  possession  with  intent  to  sell  or 
deliver,  any  oleomargarine  which  contains  any  niethlv  [methyl]  orange,  butter 
yellow,  annatto,  analinedye,  or  any  other  coloring  matt er. 

711.>.  (2.)  Placards  to  be  displayed  by  dealers  in  oleomargarine.  Every  person  who 
shall  offer  or  expose  for  sale,  sell  or  deliver,  or  have  in  his  possession  with  intent  to 
s<ll  or  deliver,  any  oleomargarine,  shall  keep  a  white  placard  uol  Less  in  size  than  ten 
by  fourteen  inch.-,  in  a  conspicuous  place  where  the  same  may  be  easily  seen  and 
read,  In  the  store  room,  stand,  booth,  vehicle  or  place  where  such  substance  is 
offered  or  exposed  for  sale,  on  which  placard  shall  be  printed  in  black  letters,  qo1 
less  in  size  than  one  and  one-half  inches  square,  the  words,  "oleomargarine  sold 
here;1'  and  said  placard  shall  nol  contain^uay  other  words  than  the  ones  described; 
and  do  person  shall  sell  or  deliver  any  oleomargarine  unless  it  be  done  under  Its  true 
name  and  each  package  has  on  the  upper  side  there..t  a  label  on  \\  hich  is  printed  in 
letters  nol  less  than  five-eighths  of  an  inch  square,  the  word  "  oleomargarine/'  and  in 

letters  not  less  than  one-eighth   of  an   inch   square,  the   name  and    per  cent  of  each 

ingredient  therein. 

71 10.  (3.)  Placards  to  be  displayed  by  hotel  proprietors,  etc  Every  proprietor, 
keeper,  manager  or  person  in  charge  of  any  hotel,  boat)  railroad  car.  boarding-house, 

restaurant,  eatimr-h.-u-e,  lunch -coin  iter  or  lunch- room,  wh<»  therein  sells,  uses,  ser\  e-. 

furnishes  or  disposes  of  oi  uses  in  cooking,  any  oleomargarine,  shall  display  and 


•174  FOODS    AND    FOOD    CONTROL. 

keep  a  white  placard  in  a  conspicuous  place,  -where  the  same  may  be  easily  seen  and 
read,  in  the  dining-room,  eating-room,  restaurant,  lunch-room  or  place  where  such 
substance  is  furnished,  served,  sold  or  disposed  of,  which  placard  shall  be  in  size  not 
lees  than  ten  by  fourteen  inches,  upon  which  shall  be  printed  in  black  letters,  not 
Leas  in  size  than  one  and  a  half  inches  square,  the  words,  "oleomargarine  sold  and 
used  Here,"  and  said  card  shall  not  contain  any  other  words  than  the  ones  above 
described,  and  such  proprietor,  keeper,  manager  or  person  in  charge  shall  not  sell, 
serve  or  dispose  of  such  substance  as  for  butter  when  butter  is  asked  for  or  purported 
to  be  furnished  or  served. — As  amended  Feb.  13,  1896,  92  0.  L.,  28. 

7117.  (4.)  Oleomargarine  defined.  The  word  "  oleomargarine"  as  used  in  this  act 
shall  be  construed  to  mean  any  substance,  not  pure  butter  of  not  less  than  eighty  per 
cent,  of  butter-fats,  which  substance  is  made  as  substitute  for,  in  imitation  of,  or  to 
be  used  as  butter. 

7118.  (5.)  Penalty.  Any  manufacturer  who  violates  any  of  the  provisions  of  this 
act  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars;  and  for  each  subsequent  offense,  in 
addition  to  the  above  fine,  may  be  imprisoned  in  the  county  jail  not  more  than 
ninety  days.  Any  other  person  violating  any  of  the  provisions  of  this  act  shall,  upon 
conviction  thereof,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars. 

Passed  May  16,  1894.  91  O.  L.,  247;  Laning's  Revised  Statutes  and  Recodified 
Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  1483. 

7119.  (1.)  Filled  cheese  and  skimmed  cheese.  Whoever,  by  himself  or  his  agents, 
sells,  exposes  for  sale,  or  has  in  his  possession  with  intent  to  sell,  any  article,  substance, 
or  compound  made  in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese, 
and  not  made  exclusively  and  wholly  of  milk  or  cream  with  salt,  rennet,  and  with 
or  without  harmless  coloring  matter,  or  containing  any  fats,  oils  or  grease  not  pro- 
duced from  milk  or  cream,  shall  have  the  words  "filled  cheese,"  and  all  cheese 
made  exclusively  and  wholly  from  milk  or  cream  with  salt,  rennet,  and  with  or 
without  harmless  coloring  matter,  and  containing  less  than  thirty  percent,  of  pure 
butter  fat,  shall  have  the  words  "skimmed  cheese,"  stamped,  labeled,  or  marked, 
in  printed  letters  of  plain  uncondensed  gothic  type,  not  Less  than  one  inch  in  Length, 
so  that  the  words  cannot  easily  he  defaced,  and  upon  the  side  of  every  cheese.  « 
cloth  or  band  around  the  same,  and  upon  the  top  and  side  of  every  tub,  firkin,  DOS 

or  package  containing  any  of  said  article-,  substance,  or  compound.     And  in  case  of 

retail  sales  of  any  of  said  articles,  substance  or'  compound,  not  in  the  original  package, 

fche  seller  shall,  by  himself  or  his  agents,  attach  to  each  package  so  sold,  and  shall 

deliver  therewith  to  the  purchaser,  a  label  or  wrapper  bearing  in  a  conspicuous  place 
HOOD  the  outside  of  the  package  the  \\..rds  "tilled  cheese"  or  •'skimmed  cheese."  as 
the  case  may  he,  in  printed  letters  of  plain,  uncondensed  gothic  type,  not  le-s  than 
one  inch  in  length. — As  amended  AprU7,  1898,  98  0.  /..,  89;  and  at  further  amended 
Apnl  /.;,  1904,  Laws  of  1904  (lions,  BUI  No.  158),  />.  .'■',.'. 

7120.  (2.)  PenaUy.     Whoever,  by  himself  or  his  agents,  sells,  exposes  for  sale,  or 

has  in  hi-  pOSSeSSiorj  with  intent  to  sell,  any  article,  substance  or  compound  made  in 
imitation  or  semblance  of  cheese,  Or  a-  a  substitute  for  cheese,  except  as  provided  in 

section  1  [7119]  of  this  act,  and  whoever  with  intent  to  deceive,  defaces,  erases,  can- 
cels, or  removes  any  mark,  stain].,  brand,  label  Or  u  rapper  |'i'o\  ided  for  in  said  sec- 
tion, or  in  any  manner  shall  falsely  label,  stamp,  or  mark  any  DOX,  tub,  article,  or 
package  marked,  stamped,  or  labeled  a-  aforesaid,  shall  he  punished  by  a  line  of  not 
,an  fifty  nor  more  than  one  hundred  dollars,  01  by  imprisonment  in  the  county 
jail  not  len  than  too  nor  more  than  thirty  days  tor  the  lb>t  ..flense,  and  by  a  line  of 
not  lesi  than  one  hundred    nor  more  than  tWO  hundred  dollars,  or  by  imprisonment 


ohio.  475 

in  the  county  jail  not  less  than  twenty  nor  more  than  sixty  days,  or  both,  for  each 
subsequent  offense. 

7121.  (3.)  Penalty.  Whoever,  by  himself  or  his  agents,  sells,  exposes  for  sale,  to 
any  person  who  asks,  sends  or  inquires  for  cheese,  any  article,  substance  or  compound 
made  in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese,  not  made 
entirely  from  milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  color- 
ing matter,  and  containing  not  «  less  than  thirty  per  cent,  pure  butter  fats,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more  than  thirty  days  for  the 
first  offense,  and  by  a  fine  of  not  less  than  one  hundred  nor  more  than  two  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  twenty  nor  more  than 
sixty  days,  or  both,  for  each  subsequent  offense. — As  amended  April  ;?3, 1904,  Laws  of 
1904  {House  Bill  Xo.  453),  p.  252. 

7122.  (4.)  Brands  and  placards  on  imitation  cheese;  penalty.  Whoever,  by  himself 
or  his  agents,  sells  or  offers  for  sale,  any  article,  substance,  or  compound  made  in 
imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese  not  made  entirely  from 
milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  coloring  matter,  not 
marked  and  distinguished  by  all  the  marks,  words  and  stamps  required  by  this  act, 
and  not  having  in  addition  thereto  upon  the  exposed  contents  of  every  opened  tub, 
box,  or  parcel  thereof,  a  conspicuous  placard  with  the  words  "filled  cheese"  or 
"skimmed  cheese"  as  the  case  may  be  printed  thereon  in  plain,  uncondensed  let- 
ters, not  less  than  one  inch  long,  shall  be  punished  by  a  fine  of  not  less  than  fifty 
n. «r  more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  Less 
than  ten  nor  more  than  thirty  days  for  the  first  offense,  and  by  a  fine  of  not  less  than 
one  hundred  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  twenty  nor  more  than  sixty  days,  or  both,  for  each  subsequent 
offense. 

7123.  (5.)  Imitation  cheese  placard  at  j&ace  of business;  penalty.  Whoever,  by  him- 
self or  his  agents,  sells  "filled  cheese/'  or  "skimmed  cheese''  or  any  substance 
made  in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese,  not  made 
entirely  from  milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  col- 
oring matter,  from  any  dwelling,  store,  office  or  public  mart,  shall  have,  conspicu- 
ously posted  thereon  the  placard  or  sign,  in  letters  not  less  than  four  inches  in 
Length  "filled  cheese  sold  here,"  or  "skimmed  cheese  sold  here"  as  the  case  may 
be.  Any  person  neglecting  or  tailing  to  post  the  placard  herein  provided  for  shall  he 
punished  by  a  tine  of  one  hundred  dollars  for  the  firsl  offense,  and  by  a  tine  of  one 
hundred  dollars  for  each  day's  neglect  thereafter. 

7124.  (6.)  Imitation  cheese  placards  on  sides  of  vehicle.  Whoever,  by  himself  or  his 
agents,  peddles,  sells,  solicits  orders  for  the  future  delivery  of,  or  delivers  from  any 

cart,  wagon,  or  other  vehicle,  upon  the  public  streets  or  way.-,  "filled  cheese, 
"skimmed  cheese"  or  any  Bubstance  made  in  imitation  or  semblance  of  cheese,  or  as 
a  substitute  for  Cheese,  not  made  entirely  from  milk  or  cream,  with  salt,  rennet,  and 
with  or  without  harmless  coloring  matter,  not  having  on  both  Bides  of  said  cart, 
wagon,  or  other  vehicle,   the  placard    in   uncondensed  gothic  letters  not    less  than 

three  inches  in  length,  "filled  cheese"  or  ■'skimmed  cheese,"  shall  be  punished  by 
a  fine  of  not  Less  than  fifty  nor  more  than  one  hundred  dollars  or  by  imprisonment 

in  the  county  jail  not  Less  than  ten  nor  more  than  thirty  days  for  the  first  offense,  and 

by  a  line  of  not  less  than  one  hundred  nor  more  than  tw..  hundred  dollars  or  by 
imprisonment  in  the  county  jail  not  Less  than  twenty  oor  more  than  sixty  days,  or 
both,  for  each  subsequent  offense. 

712.*>.  1 7. )  is,  of  imitations  in  hotels,  etc.;  penalty.  Whoever,  by  himself  or  his 
agents,  furnishes,  or  causes  to  )»»•  furnished,  in  any  hotel,  restaurant  or  [at]  any 


"  So  in  Statutes. 


47 tf  FOODS  AND  FOOD  CONTROL. 

lunch-counter  "tilled  cheese,"  or  "skimmed  cheese"  or  any  substance  made  in  imi- 
tation or  semblance  of  cheese,  or  as  a  substitute  for  cheese,  not  made  entirely  from 
milk  or  cream,  with  salt,  rennet,  and  with  or  without  harmless  coloring  matter,  to 
any  guest  or  patron  of  said  hotel,  restaurant,  or  lunch  counter,  in  the  place  or  stead 
of  cheese,  shall  notify  said  guest  or  patron  that  the  substance  so  furnished  is  not 
cheese,  and  any  person  so  furnishing  without  said  notice,  shall  be  punished  by  a  fine 
of  not  less  than  ten  nor  more  than  fifty  dollars  for  each  offense. 

712(>.  (8.)  Cheese  brands;  records;  fee*;  penalty.  Every  manufacturer  of  full  milk 
cheese  may  pat  a  brand  upon  each  cheese  so  manufactured  indicating  "full  milk 
cheese,"  with  the  date  and  year  when  made,  and  no  person  shall  use  such  a  brand 
upon  any  cheese  made  from  milk  from  which  any  of  the  cream  has  been  taken.     The 

1 1  and  dairy  commissioner  shall   procure  and  issue  to  the  cheese  manufacturers  of 

the  state,  upon  proper  application,  which  application  shall  be  made  on  or  before  the 
tirst  day  of  April,  1896,  and  on  or  before  the  lirst  day  of  April  of  each  year  there- 
after, and  under  such  regulations  as  to  the  custody  and  use  thereof,  as  he  may  describe, 
a  uniform  stencil  brand  bearing  a  suitable  device  or  motto,  and  the  words  "Ohio 
state  full  cream  cheese/'  Every  such  brand  shall  be  used  upon  the  outside  of  the 
cheese,  cheese  cloth  or  band  around  the  same,  and  upon  the  box  or  package  con- 
taining the  same,  and  shall  bear  a  separate  number  for  each  separate  factory.  The 
said  commissioner  shall  keep  a  book  in  which  shall  be  registered  the  name,  location, 
and  number  of  each  manufacturer  using  the  brand,  and  the  name  or  names  of  the 
person  or  persons  in  each  factory  authorized  to  use  the  same.  No  such  brand  shall 
be  used  upon  any  other  but  full  cream  cheese  or  packages  containing  the  same:  pro- 
vided, that  nothing  in  this  section  shall  be  construed  to  prohibit  the  manufacture  and 
sale  of  pure  skimmed  cheese  made  from  milk  that  is  clean,  pure,  healthy,  wholesome, 
and  unadulterated  except  by  skimming.  The  commissioner  shall  receive  a  fee  of  one 
dollar  for  each  registration  according  to  the  provisions  of  this  section,  rach  fee  to  be 
paid  by  the  person  applying  for  such  registration.  Whoever,  by  himself  or  his 
agents,  violates  any  of  the  provisions  of  this  section,  shall  be  punished  by  a  tine  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars  or  by  imprisonment  in  the 
county  jail  not  less  than  ten  nor  more  than  thirty  days  for  the  first  offense,  and  by  a 
fine  of  not  less  than  one  hundred  nor  more  than  two  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  not  less  than  twenty  nor  more  than  sixty  days,  or  both,  for 
each  subsequent  offense. 

7127.  ('.».)  Person  defined.  The  word  " person "  as  used  in  this  act.  shall  include 
persons,  corporations  and  companies. 

Passed  March  3,  1896.     o.  L.  L896,  ch.  92,  p.  51;  Laning's  Revised  statutes  and 
lined  haws,  L905,  vol.  l,  title 5,  ch.  8,  pp.  1483  L486. 

7()i)2.  (l.)  Artificial  dairy  products;  labels.  No  persoD  shall  Bell,  expose  or  offer 
for  Bale  or  exchange,  any  substance  purporting,  appearing,  or  represented  to  be  butter 
or  cheese,  or  having  the  semblance  of  either  butter  or  cheese,  \\  hich  substance  is  not 

made  wholly  from    pure  milk,  or  cream,  salt  and  harmless  coloring  matter,  OnleSS  it 

is  done  under  its  true  name,  and  each  vessel,  package,  roll  or  parcel  of  such  substance 
has  distinctly  and  durably  painted,  stamped,  stenciled  or  marked  thereon  tin- true 

name  of  Mich  substance  in  ordinary  bold  faced  capital   letters,  not  less  than  live  line 

pica  in  si/.e,  and  also  the  name  of  each  article  or  ingredient  used  or  entering  into  the 

composition  of  such  substance,  in  ordinary  bold  faced  letters,  not  [less]  than  pica  in 

Buee,  or  sell  or  dispose  of  in  any  manner  to  another  any  such  substance  without  deliv- 
ering with  each  amount  sold  or  disposed  of,  a  label  on  which  is  plainly  or  Legibly 
printed  in  Ordinary  bold  faced  capital  letters,  not  less  than   live  line  pica  in  si/.e,  the 

true  name  «>f  such  Bubstanoe,  and  also  the  name  of  Bach  articles  used  and  entering 
into  the  composition  of  such  substance  inordinary  bold  faced  letters,  not  less  than 


ohio.  477 

pica  in  size,  if  the  name  be  not  made  wholly  from  pure  milk,  or  cream,  salt  and  harm- 
less coloring  matter;  and  the  words  "butter,"  ''creamery,"  or  "dairy,"  or  any  word 
or  combination  or  words  embracing  the  same,  shall  not  be  placed  on  any  vessel, 
package,  roll  or  parcel  containing  any  imitation  dairy  product  or  substance  not  made 
wholly  from  pure  milk,  or  cream,  salt,  and  harmless  coloring  matter. — As  amended 
March  21,  1887,  84  0.  L.,  182. 

7093.  (2.)  Manufacture  of  artificial  butter  or  cheese.  No  person  or  persons  shall 
manufacture  out  of  any  oleaginous  substance  or  substances,  or  any  compound  of  the 
same  other  than  that  produced  from  unadulterated  milk  or  cream,  salt  and  harmless 
coloring  matter,  any  article  designed  to  be  sold  as  butter  or  cheese  made  from  pure 
milk  or  cream,  salt  and  harmless  coloring  matter.  Nothing  in  this  section  shall  pre- 
vent the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

701)4.  (3.)  Further  restrictions  on  manufacture.  No  person  or  persons  shall  manu- 
facture, mix,  compound  with  or  add  to  natural  or  pure  milk,  cream,  butter  or  cheese, 
any  animal  fats,  animal,  mineral  or  vegetable  oils,  nor  shall  any  person  or  persons 
manufacture  any  oleaginous  or  other  substance  not  produced  from  pure  milk  or  cream, 
salt  and  harmless  coloring  matter,  or  have  the  same  in  his  possession,  or  offer  or 
expose  the  same  for  sale  or  exchange  with  intent  to  sell  or  in  any  manner  dispose  of 
the  same  as  and  for  butter  and  cheese  made  from  unadulterated  milk  or  cream,  salt 
and  harmless  coloring  matter,  nor  shall  any  substance  or  compound  so  made  be  sold 
or  disposed  of  to  any  one  as  and  for  butter  or  cheese  made  from  pure  milk  or  cream, 
salt  and  harmless  coloring  matter. 

7095.  (4.  )  False  branding  of  imitations.  No  person  or  persons  shall  sell,  exchange, 
expose  or  offer  for  sale  or  exchange,  disposeof  or  have  in  his  possession  any  substance 
or  article  made  in  imitation  or  resemblance  of,  or  as  a  substitute  for  any  dairy  prod- 
uct which  is  falsely  branded,  stenciled,  labeled  or  marked  as  to  the  place  where  made, 
the  name  or  cream  value  thereof,  its  composition  or  ingredients,  or  in  any  other 
respect. 

7090.  (5.)  Brands  false  as  to  manufactory  and  quality.  No  person  or  persons  shall 
sell,  exchange,  expose  or  offer  for  sale  or  exchange,  dispose  of  or  have  in  his  posses- 
sion any  dairy  products  which  are  falsely  branded,  stenciled,  labeled  or  marked  as 
to  the  place  where  made,  date  of  manufacture,  the  name  or  cream  value  thereof,  com- 
position or  ingredients,  or  in  any  other  respect,  and  cheese  wholly  made  from  skimmed 
milk  shall  have  branded  upon  the  box  or  can  "  made  from  skimmed  milk.*' 

7097.  (6.)  Card  to  be  displayed  by  dealers  in  artificial  dairy  products.  Every  person 
in  this  stat i'  who  shall  deal  in,  keep  for  sale,  expose  or  offer  [or sale  or  exchange,  any 
substance  other  than  butter  or  cheese  made  wholly  from  pure  milk  or  cream,  salt  and 
harmless  coloring  matter,  which  appears  to  be,  resembles,  or  is  made  in  imitation  of, 
01  a-  a  substitute  for  butter  or  cheese,  shall  keep  a  card  not  less  in  size  than  ten  by 
fourteen  inches,  in  a  conspicuous  and  visible  place  where  the  same  may  be  easily 
seen  and  read  in  the  store,  room,  stand,  booth,  wagon  or  place  where  such  substance 
is,  on  which  card  shall  be  printed,  on  a  white  ground,  in  bold,  black.  Roman  letter-, 
not  less  in  sue  than  twelve  line  pica,  the  words,  "oleomargarine"  or  '■imitation 
Cheese  "  I  as  the  case  may  be   .  "  Bold  here,"  and  said  card  shall  not  contain  any  other 

words  than  the  ones*  above  prescribed;  and  no  person  shall  sell  any  oleomargarine, 
suine,  imitation  cheese,  or  other  imitation  dairy  product,  at  retail  or  in  any  quantity 
less  than  the  original  package,  tub  or  firkin,  unless  he  shall  .first  inform  the  pur- 
chaser that  the  Bubstance  is  not  butter  or  cheese,  hut  an  imitation  of  the  same. — As 
amended  March  8,  1888;  86  0.  I... 

709s.  ,7.)  Card  to  be  displayed  by  keepers  of  hotels.  Every  proprietor,  keeper,  or 
manager,  or  person  in  charge  of  any  hotel,  boarding  house,  restaurant,  eating  house, 

lunch  counter,  or  lunch  room,  who  therein  sells.  0866,  or  disposes  of  any  substance 

which  appears  t"  he,  resembles,  or  is  made  in.  or  a-  an  immitation  of,  or  is  made  as 
a  >ul. -tit ute  for  butter  or  cheese,  under  w  hatsoever  name,  and  which  substance  is  not 


478  FOODS  AND  FOOD  CONTROL. 

wholly  made  from  pure  milk  or  cream,  Bait,  and  harmless  coloring  matter,  shall  dis- 
play and  keep  a  card  in  a  conspicuous  place,  where  the  same  may  be  easily  Been  and 
read  in  the  dinning,  eating,  resaturant,  and  lunchroom,  and  place  where  such  sub- 
stance is  sold,  used,  or  disposed  of,  which  card  shall  be  white  and  in  size  not  less 
than  ten  by  fourteen  inches,  upon  which  shall  be  printed  in  plain,  bold,  black  Roman 
letters,  not  less  in  size  than  twelve-line  pica,  the  words  "oleomargarine  sold  and 
used  here,"  or  "imitation  cheese  sold  and  used  here"  (as  the  case  may  be),  and 
said  card  shall  not  contain  any  other  words  than  the  ones  above  described,  and  such 
proprietor,  keeper,  manager,  or  person  in  charge  shall  not  sell,  furnish,  or  dispose  of 
such  substance  as  and  for  "  butter  and  cheese,"  made  from  pure  milk  or  cream,  salt, 
and  harmless  coloring  matter,  when  butter  or  cheese  is  asked  for. — At  amended 
March  8,  1888,  85  0.  L.,  74- 

7099.  (8.)  Fraudulent  shipments.  No  person  or  persons  shall  pack,  box,  inclose, 
ship  or  consign  any  substance,  as  butter  or  cheese  made  from  pure  milk  or  cream, 
Bait  and  harmless  coloring  matter,  in  such  a  manner  as  to  conceal  an  inferior  article 
by  placing  a  finer  grade  of  butter  or  cheese  upon  the  surface  of  the  same. 

7100.  (9.)  Sale  to  factories  of  diluted  milk;  false  accounts.  No  person  or  persons 
shall  sell  to  any  person,  or  deliver  or  carry  or  cause  to  be  carried  to  any  cheese  or 
butter  factory  to  be  manufactured,  any  milk  diluted  with  water  or  in  any  way 
adulterated,  or  from  which  any  cream  has  been  taken,  or  milk  commonly  known  as 
"skimmed  milk,"  or  milk  from  which  [the]  part  known  as  "strippings"  has  been 
withheld  with  the  intent  to  defraud,  or  keeps  or  renders  any  false  account  of  the 
quantity  or  weight  of  milk  furnished  at  or  to  any  factory  for  manufacture  or  sold  to 
any  manufacturer. 

7101.  (  10.)  Impure  <>n<l  skimmed  milk.  No  person  or  persons  shall  sell,  exchange, 
or  offer  for  sale  or  exchange,  any  unclean,  impure,  unhealthy,  unwholesome  milk, 
or  sell,  exchange,  or  offer  for  sale  or  exchange  as  "pure  milk,"  milk  diluted  with 
water  or  milk  known  as  skimmed  milk. 

7102.  (11.)  Milk  falsely  labeled,  etc.  No  person  or  persons  shall  sell,  exchange, 
expose,  or  offer  for  sale  or  exchange,  have  in  his  possession  or  dispose  of  in  any 
manner,  any  milk  which  is  falsely  branded,  labeled,  marked  or  represented  as  to 
grade,  quantity  or  place  where  produced  or  procured. 

710.*$.  (12.)  Unhealthy  cows,  etc  No  person  shall  keep  cows  for  the  production  of 
milk  for  any  purpose,  in  a  cramped  or  unhealthy  condition,  or  feed  them  on  unhealthy 
food,  or  upon  food  that  produces  impure,  unhealthy  or  unwholesome  milk. 

7104.  (13.)  Condensed  milk.  No  person  shall  manufacture,  sell,  exchange,  expose 
or  offer  for  sale  or  exchange,  any  condensed  milk,  unless  the  package,  can  or  vessel 

containing  the  same  shall  he  distinctly  labeled,  stamped  or  marked  with  its  tine 
name,  brand,  by  whom  and  under  what    name  made,  and   no  condensed   milk   shall 

he  made,  exchanged,  exposed  or  offered  for  sale  or  exchange,  unless  the  same  he 

made   from    pure,   clean,    healthy,    fresh    unadulterated   and    wholesome   milk,    from 

which  the  cream  has  not  heen  removed,  or  unless  the  proportion  of  milk  solids  con- 
tained in  the  condensed  milk  shall  he  in  amount  the  equivalent  of  twelve  per  centum 
of  milk  solids  in  crude  milk,  and  of  such  solids,  twenty-five  per  centum  shall  he  fat. 

7105.  (14.)  StaU  institutions.     No  butter  or  cheese  not  made  wholly  from  pure 

milk  or  cream,  salt  and  harmless  coloring  matter,  shall  he  used  in  any  of  thechar- 
itahle  or  penal  institutions  of  the  state. 

7106.  (16.)   Penalties.     Any  person  or  persons  violating  any  of  the  provisions  or 

section-   of   this   aet    shall,  upon    conviction    thereof,    he    fined    DOl    less   than    lift\    or 

more  than  two  hundred  dollars  for  the  first  offense,  or  for  each  subsequent  offense 

not  less  than  one  hundred  dollars  or  more  than  five  hundred  dollar-,  ami  he  impris- 
oned not   leSB  thai]  ten  dayfl  or  inure  than  ninety  days,  or  hoth. 

Passed  May  it.  L886.    0.  I-.,  L886,  ch.  88,  p.  178;  Laning'e  Revised  statutes  and 

Recodified  Laws,  L905,  vol.  i.  title.".,  ch.  8,  pp.  L480  I  182. 


Ohio.  479 

7138.  Parting  and  inspection  of  butter  and  lard.     All  batter  and  lard  shall  be  packed 

in  tight  and  well  seasoned  firkins  or  keg.-,  on  each  of  which  .shall  be  marked  with  a 
marking  iron,  the  tare  and  net  weight  of  the  butter  or  lard  therein  contained;  and 
the  inspector  or  his  deputy  shall  bore  each  firkin  or  keg  of  butter  or  lard,  and  by  exam- 
ining diagonally  from  one  head  to  the  other,  with  a  hollow  instrument  or  searcher, 
so  as  to  be  able  to  discover  the  quality  of  the  whole,  ascertain  that  it  is  clear  of 
mold,  or  a  rancid  or  musty  taste;  in  which  case  he  shall  brand  the  same,  as  provided 
in  section  7063  [4278]. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  1486. 

7447.  Records  of  butter  and  cheese  factories.  Every  person  engaged  in  the  busi- 
if  manufacturing  butter  or  cheese,  or  both,  for  others,  shall  keep  full  and  accu- 
rate accounts  of  the  business,  which  books  and  accounts  shall  show  the  exact  weight 
of  the  milk  received  from  others  to  be  manufactured,  and  the  exact  weight  of  the 
product  thereof  in  butter  or  cheese,  or  both;  and  if  milk  is  received  from  more  than 
one  person,  and  mixed  in  the  manufacturing  thereof,  the  books  and  accounts  shall 
show  the  exact  weight  of  the  milk  received  from  each,  and  the  product  shall  be  at 
the  end  of  the  month  awarded  ratably  among  the  persons  whose  milk  was  used 
therein. 

744S.  Records  of  sales  by  manufacturer.  If  the  manufacturer  is  authorized  to  sell 
the  product,  the  books  and  accounts  shall  also  show  each  sale  of  the  product,  the 
place  where,  and  to  whom  sold,  and  the  price  at  which  sold,  the  gross  proceeds,  the 
commission  or  compensation,  and  the  net  share  of  each  person  whose  milk  was  used 
in  the  manufacture;  and  dividends  on  sales  shall  be  made  and  paid  as  contracted  for 
by  and  between  the  parties. 

744!).  Books  open  to  inspection;  penalties.  The  books  and  accounts  above  required 
to  be  kept,  shall  be  open  to  the  examination  of  any  person  interested  therein,  who 
shall  have  the  right  to  take  a  copy  of  any  account  in  which  he  is  interested,  such 
examining  and  copying  to  be  done  only  at  reasonable  hours,  and  without  interfering 
with  the  keeping  of  the  account.-;  and  any  manufacturer  failing  to  keep  the  books 
and  accounts  herein  named,  and  in  the  manner  herein  specified,  or  who  shall 
unreasonably  prevent  or  obstruct  the  examination  or  copying  thereof,  a-  aforesaid, 
or  who  shall  for  three  days  after  the  time  specified  in  section  744S  [4:>7:>b]  of  this  act, 
demand  therefor,  refuse  or  neglect  to  deliver  to  any  person  the  share  of  the  product 
of  Buch  manufacturer,  to  which  he  is  entitled,  of  refuse  or  neglect  to  pay  to  any 
person  the  share  of  the  proceeds  of  sale  to  which  he  is  entitled,  shall  thereby 
forfeit  all  commission  or  compensation  to  w  hich  he  would  otherwise  be  entitled;  and 
shall  also  he  Liable  for  the  milk  received,  to  be  manufactured,  or  manufactured  and 
sold,  at  the  higheal  market  price,  during  the  month  in  which  it  was  delivered: 
provided,  that  sections  7447  [4373a],  7448  [4373b]  and  Bection  744<<  [4373c]  shall 
apply  to  companies,  (inns,  and  corporations  engaged  in  said  manufacture,  a-  well  as 
individuals. 

Laning's  Revised  Statutes  and  Recodified  Law-.  1905,  vol.  I,  title  •">,  ch.  il\  pp. 
l.Mi    L546. 

.'{."><M>.  Inspectors;  veterinarian's  certificate;  powers  of  board  of  health.  The  board  of 
health  may  appoinl  Buch  number  of  inspectors  of  dairies,  Blaughter-hoasee,  Bhope, 

wagOI18,  appliance-,  food,  and  water  supplies  for  animals,  milk,  meat,  butter,  chee-e 

and  substances  purporting  to  be  butter  or  cheese,  or  having  the  Bemblance  of  batter 

or  cheese  and  such  other  persons  BS  may  be  ueceesary  to  carry  out  the  provisions  of 
tin-  chapter,  define  their  duties,  and    li\  their  compensation,  and  the  health  officer 

may  be  appointed  and  authorized  by  said  hoard  to  perform  all  the  duties  of  such 
inspector-;  and  such  inspectors  may.  for  such  purpose,  enter  any  house,  vehicle,  or 


480  FOODS    AND    FOOD    CONTROL. 

yar.l:  and  the  board  of  health  shall  keep  for  public  inepectioD  a  record  of  the  names, 

residences,  and  places  of  business  of  all  persons  engaged  in  the  sale  <>f  milk  or  meat, 
and  may  require  permits,  t<>  he  renewed  semi-annually  and  for  which  a  charge  of  not 
more  than  fifty  cents  may  he  made,  after  inspection,  to  vend  either  milk  or  meat, 
and  the  hoard  may  refuse  to  grant  such  permit  or  revoke  one  already  given  if,  upon 
inspection,  the  cows  or  milk  are  found  to  he  kept  in  an  unsanitary  condition;  and 
the  hoard  may  require  a  certificate  from  a  licensed  veterinarian  showing  the  cows 
furnishing  milk  brought  for  sale  within  its  jurisdiction  are  free  from  tuberculosis  or 
other  dangerous  disease,  and  should  scarlet  fever,  typhoid  or  other  dangerous  con- 
tagious or  infectious  disease  occur  in  the  family  of  any  dairyman  or  among  his 
employes,  or  in  any  house  in  which  milk  is  kept  for  sale,  it  shall  be  the  duty  of  such 
dairyman  or  vendor  of  such  milk  to  immediately  notify  the  health  officer  of  the  city, 
village  or  hamlet  in  which  such  milk  is  sold,  or  is  offered  for  sale,  of  the  facts  of  the 
case,  and  the  health  officer  may  order  the  sale  of  such  milk  stopped,  pending  an 
investigation  to  be  made  without  delay,  and  for  such  time  thereafter  as  the  board  of 
health  may  require;  and  the  board  of  health  may  make  and  enforce  such  orders  as 
it  may  deem  necessary  to  prevent  the  sale  of  impure,  adulterated  and  unwholesome 
milk,  or  milk  liable  to  carry  disease. 

.'J507.  Inspector!?  authority;  s<ini)>lhi<j  and  analysis.  All  dairies,  including  the  cows, 
cow  stables,  milk-houses,  and  milk-vessels  the  owners  of  which  offer  for  sale  within 
the  limits  of  the  corporation  milk  or  butter  manufactured  by  such  owners,  shall  he 
subject  to  inspection  by  the  inspectors,  and  also  any  manufactory  of  butter  or  cheese, 
or  place  where  such  substances  or  either  of  them  are  sold,  shall  be  subject  to  inspec- 
tion by  the  inspectors;  the  inspector  may  enter  any  place  where  milk  is  sold,  or  kept 
for  sale,  and  all  carriages  used  for  the  conveyance  of  milk  within  the  corporate  limits; 
and  also  any  manufactory  or  place  where  butter  or  cheese,  or  substances  having  the 
semblance  of  butter  or  cheese,  are  manufactured,  or  any  place  where  such  substances 
are  sold,  or  kept  for  sale  within  the  corporate  limits;  and  whenever  he  has  any  reason 
to  believe  milk  found  therein  is  impure  or  adulterated,  or  any  butter  or  cheese,  or 
substances  having  the  semblance  of  butter  or  cheese  found  therein  contain  any 
impure,  unwholesome  or  deleterious  substances,  or  is  being  sold  or  offered  for  sale 
under  any  false,  or  deceptive  name  or  designation,  that  any  butter  or  cheese  not  made 
from  j  aire  cream  or  milk,  or  any  substance  having  the  semblance  of  butter  or  cheese,  is 
being  sold  or  offered  for  sale,  without  being  branded  or  stamped,  as  required  by  sec- 
tion 7090,  he  shall  take  specimens  thereof,  and  subject  them  to  satisfactory  tests;  or, 
if  the  board  of  health  so  direct,  to  chemical  analysis,  the  result  of  which  he  shall 
record  and  preserve  as  evidence,  and  a  certificate  of  such  result,  BWOrn  to  by  the 
analyst  shall  be  admissible  in  evidence  in  all  prosecutions  under  this  chapter,  or  any 
law  of  this  state. 

Laning's  Revised  statutes  and  Recodified  Laws,  phi.'),  vol  1,  title  12,  div.  <>,  ch.  l, 

p.  7)1'. 

712s.  |  I.  )  Babcocktest.  In  the  use  of  the  BaDCOCk  test,  the  standard  milk,  meas- 
ure -  or  pipettes,  shall  have  a  capacity  of  17. 6  cubic  centimeters;  and  the  standard 

t.-.-t  tubes  or  hottles  for  milk,  shall    have  a  capacity  Of  2  cubic  centimeters  for  each 

lo  per  cenl  marked  on  the  necks  thereof;  the  standard  unit  of  cream  for  teetmg shall 

he  IS  grams,  and  it  is  hereby  made  a  m'is< lenieauor  t<»  use  any  other  standards  of 
milk  or  cream  measure  w  here  milk  or  cream  ifi  purchased    by  or  famished  to  civam- 

eries  or  cheese  factories  and  w  here  the  value  of  said  milk  or  cream  i-  determined  by 
the  per  cent,  of  butter  fat  contained  in  the  same  by  the  Babcock  test. 
712!>.  (2.)  Graduated  apparatus.     Any  manufacturer,  merchant,  dealer,  or  agenl 

in   this  Btate  who  shall   offer   h.r  sale  or  sell  a  milk  pipette  or  measure,  test  tube  «»r 

bottle,  which  is  not  correctly  marked  or  graduated,  as  herein  provided,  shall  he 


ohio.  481 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  as  provided 

in  section  4  [7131]  of  this  act. 

7 1  :>0.  (3. )  Correct  testing.  It  shall  be  unlawful  for  the  owner,  manufacturer,  agent. 
or  any  employee  of  a  cheese  factory,  creamery  or  condensed  milk  factory  or  other 
place  where  milk  is  tested  for  quality  or  value  to  manipulate  or  under-read  or  over- 
read  the  Babcock  test  or  any  other  contrivance  used  for  determining  the  quality  <»r 
value  of  milk  or  cream  or  to  make  any  false  determination  by  said  Babcock  test  or 
otherwise. 

7131.  (4.)  Penalty.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by  a  line 
of  not  less  than  twentv-five  dollars  nor  more  than  one  hundred  dollars. 

Approved  April  23,  M>4.  Laws  of  1904,  (House  Bill  No.  341),  p.  285;  Laning's 
Revised  Statutes  and  Recodified  Law-.  L905,  title  5,  ch.  8,  pp.  1485-1486. 

FISH. 

7150.  Inspection.  Any  person  taking,  in  the  waters  of  this  state,  or  bringing  or 
importing  into  this  state,  any  fish,  taken  in  any  waters  without  this  state  shall,  imme- 
diately on  bringing  such  fish  on  shore,  or  importing  the  same  into  any  port  or  county 
in  this  state,  except  shad,  mackerel,  and  herring,  and  before  any  part  thereof  are 
sold  are  bartered,  in  barrels  or  casks,  «»r  offered  for  sale  or  bartered  within  this  state, 
cause  such  lish  to  be  inspected  and  branded  by  the  inspector,  at  the  port  or  place  at 
which  the  Bame  are  landed,  or  brought  into  this  state. 

7161.  P(  nalty.  Every  person  neglecting  or  refusing  to  comply  with  the  provisions 
of  the  preceding  section,  shall  forfeit  and  pay  for  each  and  every  hundred  pounds 
weight  of  lish  bo  by  him  sold,  or  offered  for  sale,  without  being  inspected  and  branded 
88  aforesaid,  the  sum  of  live  dollars,  to  be  recovered  by  civil  action,  before  any  court 
having  jurisdiction  thereof ,  with  costs  of  suit;  which  suit  may  be  prosecuted  in  the 
name  of  the  state. 

71.V2.  Barreled  fish — inspection  "wJ  records.  All  lish  hereafter  sold  in  barrels  or 
half-barrels  in  this  state,  shall  be  contained  in  barrels  or  half-barrels  of  the  descrip- 
tion hereafter  specified;  and  before  offered  for  sale,  shall  be  inspected  by  some 
inspector,  appointed  under  this  chapter,  who  shall,  immediately  on  application  for 
that  purpose,  either  by  himself  <>r  deputy,  attend  and  perform  the  duties  of  his 
appointment,  and  make  and  keep  entries  thereof,  a-  provided  in  section  7l>o5  [4280]. 

7158.  Omstructum  of  barrels;  }><i<-knt<i  regulations.  All  lish  barrels  shall  be  made 
of  good,  sound,  and  seasoned  timber,  of  such  kind  as  the  inspector  deems  sutlieient; 
and  shall  be  well  bound  with  at  least  twelve  sufficient,  smart  hoops,  or  eight  fiat 
hoops,  ii"t  less  than  two  inches  broad,  secured  with  at  least  three  nails  in  each  chime 
hoop,  and  shall  contain  two  hundred  pounds  weight  of  clean  lish  in  each  barrel,  and 
one  hundred  pounds  weight  of  clean  fish  in  each  half-barrel;  and  only  one  -p. 
tish  .-hall  be  [nit  or  packed  into  the  same  barrel  or  half-barrel;  ami  such  fish  shall 
ted  with  a  quantity  of  salt,  not  less  than  fifty  pounds  of  coarse  salt,  or  fifty-sue 
pounds  of  fine  -alt.  to  each  barrel,  and  in  the  same  proportion  to  each  half-hand. 

717)1.  Brands;  fee.    Tin-  inspector,  when  inspecting  any  lish,  shall  cause  the  same 

to  he  opened  and  examined,  and  ascertain  that  SUch   lish   have  been   propel  lv  cleaned 

and  Baited,  and  that  the  same  are  of  one  species  and  of  good  quality,  and  shall  cause 

the  same  to  he   packed    in   -.ribed"   by  the   hoard   and    be  subject    to  such   rules  and 

regulation- a- it  may  adopt,     [n  good  and  sufficient  barrels  or  half-barrels,  and  the 
requisite  quantity  of  Ball  applied,  or  so  much  as  the  inspector  may  deem  aeot 
Cor  preserving  such  fish  when,  in  the  opinion  of  such  inspector,  the  same  has  not 
been  done;  and  -hall  brand,  or  cause  the  Bame  to  he  branded,  on  the  head  of  each 


a  So  in  Statute-. 


482  FOODS  AND  FOOD  CONTROL.   * 

barrel  or  half-barrel  the  word  "Ohio,"  the  name  of  the  port  of  county  where 
inspected,  the  speciee  of  fish,  the  word  and  figure  "No.  1,"  or  "No.  2,"  as  the  same 

may  be  of  the  first  or  second  quality,  and  the  initial  letter  of  such  inspector's  chris- 
tian name,  and  his  surname  in  full;  and  the  lees  of  the  inspector  for  inspecting  half- 
barrels  of  fish  shall  be  fifteen  cents. 

7155.  Cooper1*  brand.  Each  cooper,  master  cooper,  or  owner  of  a  coopershop,  or 
other  person  making  casks,  barrels,  tirkins,  or  other  vessels  which  have  to  be 
inspected  by  any  inspector,  shall  brand  or  cause  to  be  branded  on  the  head  of  each 
cask,  barrel,  firkin,  or  other  vessel  by  him  made,  so  to  be  inspected,  the  initial  Utter 
of  his  christian  name,  and  his  surname  in  full,  with  the  word  "cooper"  on  its  right;  the 
ins] lector,  for  the  want  of  such  brands,  shall  condemn  all  such  vessels;  and  when 
any  barrel,  cask,  or  other  vessel  to  be  inspected  has  the  brand  of  the  cooper  as 
aforesaid,  and  the  same  is  condemned  by  the  inspector,  he  shall,  when  so  required 
by  any  person  interested,  certify  the  cause  of  the  inefficiency  of  such  barrel,  cask  or 
other  vessel,  whether  the  cause  of  such  inefficiency  is  in  the  cooperage,  or  whether 
it  arises  from  the  age,  or  bad  or  improper  usage  of  the  same  after  it  left  the  coopers 
hands. 

71  ">(>.  J!<  ighi  regulation*.  A  barrel  of  fish  shall  contain  two  hundred  pounds,  and 
every  package  or  vessel  being  or  purporting  to  be  a  fractional  part  of  a  barrel  ^i  fish, 
shall  contain  a  like  fractional  part  of  two  hundred  pounds  net,  of  fish,  exclusive  of 
salt,  brine,  and  package;  and  every  barrel  or  other  vessel  of  fish  put  up  or  sold  in 
this  state,  shall  have  the  number  of  pounds  of  fish  contained  therein  distinctly 
branded  upon  the  head  thereof. 

7157.  Fish  dealer'*  bond.  Every  person  or  firm  engaged  in  packing,  repacking,  or 
selling  packed  fish  in  this  state,  may  enter  into  bond  to  the  state,  with  sufficient 
surety  to  the  satisfaction  of  the  clerk  of  the  court  of  common  pleas  of  the  county 
wherein  such  person  or  lirm  is  bo  engaged,  in  the  penal  sum  of  five  thousand  dollars, 
conditioned  for  the  putting  up,  packing,  or  repacking,  and  branding  of  fish,  accord- 
ing to  law,  which  bond  shall  be  deposited  and  kept  in  such  clerk's  office,  and  may  be 
proceeded  on  by  any  person  aggrieved  by  reason  of  the  non-compliance  with  any 
condition  thereof. 

7168.  Bonded  dealer  may  inspect  and  brand  fish;  /i<(/>ilih/.  Every  person  or  firm  bo 
entering  into  bond,  may  inspect  and  brand  all  fish  SO  put  up,  and  packed  or  sold  by 
him  or  it;  but  the  brand  shall  set  forth  the  full  Dame  and  place  of  business  of  such 
person  or  firm,  the  quality,  kind,  and  weight  of  fish,  so  put  up  or  sold;  and  such 
brand  shall  be  a  full  guaranty  of  the  tacts  so  set  forth,  and  for  any  breach  thereof, 
such  person  or  firm  shall  be  liable  on  such  bond. 

7151).  Brand  of  weight,  quality  and  kind;  penalty.  No  person  shall  put  up  or  pack 
any  barrrel  or  other  vessel,  without  the  weight,  quality,  and  kind  of  lish  contained 
therein,  being  branded  thereon,  or  knowingly  to  Sell  or  offer  for  sale  any  such  barrel 
or  other  vessel  of  lish  put  up  without  being  so  branded,  or  having  in  fact  less  quan- 
tity or  a  different  quality  or  kind  than  thai  represented  in  the  brand,  unless  the 
variation  i-  distinctly  and  plainly  noted  in  writing  upon  a  card  fastened  upon  the 

head  of  such  barrel  or  V(  BSel  at  the  time  of  the  sale  or  of  the  offer  to  sell;   and   every 

d  so  offending  shall,  for  every  such  offense,  forfeit  and  pay  a  penalty  not  less 

than  ten  nor  more  than  one  hundred  dollars  and  costs,  recoverable  before  any  justice 
of  the  peace  having  jurisdiction,  at  t  he  suit  and  for  the  use  of  any  person  aggrie;  ed, 
and  shall,  moreover,  be  liable  in  an  action  for  damages. 

7 1  (»0.  Disposal  of  offal;  penalty.     E>  ery  persi  »n  w  ho  hereafter  takes  any  lish,  to  the 

amount  of  One  or-  more  barrels,  within  any  of  the  waters  of  l  his  state,  shall  bury  the 
offals  at  Least  two  and  a  half  feel  beneath  the  surface  of  the  earth,  or  burn  the  siinc, 
within   one  day  alter  such    lish   are  taken   and   cleaned;  and  any  person  refusing  or 

neglecting  to  comply  with  the  provisions  of  this  section,  shall  be  lined  in  any  sum 


ohio.  483 

not  exceeding  fifty  nor  less  than  five  dollars,  with  costs  of  suit,  before  any  justice  of 
the  peace  of  the  county  in  which  the  offense  is  committed,  on  the  complaint  of  any 
person. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  eh.  8,  pp. 
1488-1489. 

7182.  Unmerchantable  if  barrels  do  not  conform  to  law;  repacking.  If,  on  view,  the 
inspector  or  his  deputy,  called  upon  for  that  purpose,  find  that  any  of  the  barrels, 
firkins  or  kegs,  heretofore  mentioned,  [See  also  Sec.  7170-7179 — Salt]  are  not  made 
in  conformity  with  the  provisions  of  this  chapter,  he  shall  desist  from  any  further 
inspection  of  the  contents,  and  judge  the  same  unmerchantable,  and  thereupon  con- 
demn and  brand,  or  mark  such  barrel  or  other  cask  accordingly;  but  nothing  in  this 
section  contained,  shall  be  so  construed  as  to  prevent  a  repacking  of  such  articles  in 
proper  and  sufficient  barrels  and  casks;  and  when  done,  may  be  inspected  and  passed, 
if  found  good  and  merchantable,  as  in  other  cases  under  this  chapter. 

7183.  Inspector's  liabilities;  fine.  If  any  inspector  or  deputy  inspector  fails  or 
neglects  to  perform  the  duties  annexed  to  his  office,  or  purchases  stores,  freights,  or 
in  any  wise  deals  in  any  article  he  is  appointed  to  inspect,  or  is  convicted  of  partial- 
ity, or  of  having  acted  contrary  to  the  directions  of  this  chapter,  he  shall  forfeit  and 
pay,  for  every  such  offense,  a  sum  not  exceeding  fifty  dollars,  with  costs  of  suit,  to 
be  recovered  before  any  court  having  jurisdiction  thereof,  for  the  use  of  the  county, 
and  shall  moreover  be  removed  from  office,  and  be  liable  to  the  party  injured  for 
damages. 

7184.  Light  weight  of  any  packed  food;  penalty.  Any  manufacturer  of  flour  or  meal, 
or  packer  of  meat,  butter,  lard,  or  any  other  packed  article  sold  by  weight,  who 
undermarks  the  tare  upon  any  hogshead,  cask,  box,  or  barrel,  or  part  thereof,  or 
puts  therein  a  less  quantity  than  that  marked  or  branded  thereon  as  specified  by  law, 
shall  forfeit  the  hogshead,  cask,  box  or  barrel,  or  part  thereof,  and  half  the  contents 
therein  contained,  one-fourth  of  the  whole  contents  to  go  to  the  party  injured,  who 
shall  prosecute  for  the  same,  together  with  such  other  damages  as  he  may  sustain, 
and  the  other  fourth  to  the  use  of  the  poor  of  the  township  where  the  conviction  is 
had,  the  balance  to  be  accounted  for  to  the  manufacturer  or  packer,  who  shall  be 
notified  by  the  inspector;  but  such  forfeiture  shall  not  take  place,  nor  conviction  be 
had,  when  the  lightweight  has  been  occasioned  after  leaving  the  manufacturer  or 
packer,  provided  such  packing  has  been  done  according  to  law. 

7 ls.">.  Inspector' &  (certificates.  When  the  inspector  condemns  any  of  the  articles  in 
this  chapter  enumerated,  he  shall  forthwith,  on  demand,  deliver  to  the  owner  thereof, 
or  his  agent,  a  certificate,  distinctly  Betting  forth  the  time,  place,  and  cause  of  such 
condemnation;  and  when  any  of  such  articles  have  been  inspected  and  declared  of 
good  quality  and  merchantable,  he  shall,  on  demand  as  aforesaid,  deliver  a  certificate 
thereof,  tor  the  benefit  of  the  owner  thereof. 

71s<;.  Feet.  The  inspectors  appointed  under  this  chapter  shall  receive  the  follow- 
ing fees  for  their  services,  namely:  For  each  barrel  of  wheat  (lour  or  rye  (lour, 
three  cent-;  lop  each  barrel  of  buckwheat  meal,  two  cents:  for  each  barrel  of  domestic 
spirits,  live  cent-;   tor  each  barrel  of  biscuits,  six  cents:  tor  each  firkin  or  kegof  butter 

or  laid,  three  cent-:  ioi- packing  and  inspecting  each  barrel  of  pork  or  beef,  twenty 
cents;  for  each  half-barrel  thereof,  fourteen  cent-;  for  packing,  examining  and  in- 
specting each  barrel  of  fish,  twenty  cents;  and  for  inspecting  each  barrel  of  pot  or 
pearl  ashes,  twelve  cent-. 

71>>7.  Offt  rues  <>f  inspectors;  /»  nalty.  An  inspector  or  deputy  inspector  who  demands 

Or  receives  any  greater  sum  than  is  provided  in  the  foregoing  Section,  of  directly  or 
indirectly  purchases  any  article  by  him  inspected,  ami  condemned  aS Unfit  for  expor- 
tation, or  in  any  wise  unsalable  or  unmerchantable,  -hall  forfeit  and  pay,  for  every 


484  FOODS     \NI>    FOOD    CONTROL. 

such  offense,  a  sum  not  exceeding  fifty  dollars,  together  with  costs  of  suit,  to  be 

red  before  any  court  having  jurisdiction  thereof. 
7188.  Municipal  inspectors.     This  chapter  shall  not  in  any  manner  affect  or  take 
away  the  power  to  appoint  inspectors  granted  to  any  municipal  corporation. 

Laning's  Revised  statutes  and  Recodified  Laws,  L906,  vol.  1,  title  5.  eh.  8,  p.  1492. 

FLOCR. 

7<M)<>.  Flour  casks;  quality  brand;  inspection.  All  flour  and  meal  shall  he  packed 
in  well-made  casks  of  seasoned  timber,  twenty-seven  inches  in  length,  when  finished, 
with  a  cut  head  of  seventeen  and  one-half  inches,  tightly  bound,  with  ten  smart 
hoops,  or  six  flat  hoops  two  inches  broad,  secured  with  four  nails  in  each  end  hoop, 
and  three  nails  in  each  outward  bilge  hoop;  each  barrel  to  contain  one  hundred  and 
ninety-six  pounds  of  flour  or  meal,  and  the  tare  of  the  cask  shall  be  marked  on  the 
bead  of  each  barrel  of  flour  or  meal,  by  the  miller,  with  a  marking  iron;  and  the 
weight  of  the  Hour  or  meal  shall  be  branded  on  the  cask,  with  a  branding  iron,  to  be 
by  him  provided  for  that  purpose;  and  .when  flour  or  meal  is  exhibited  for  inspec- 
tion, the  inspector  shall  bore  and  search  the  same  with  a  proper  instrument,  so  as  to 
ascertain  if  it  be  sweet,  and  of  the  kind  and  quality  marked  by  the  miller;  and  if  he 
judge  it  sweet  and  of  good  quality,  lie  shall  plug  up  the  hole  tight,  and  cause  the 
same  to  be  branded,  as  is  prescribed  in  section  7065  [4280];  hut  if,  on  examination, 
the  flour  or  meal  is  found  to  be  sour,  or  of  bad  quality,  or  not  merchantable,  it  shall 
mdemned;  but  if  merchantable,  though  of  a  quality  inferior  to.  or  different 
from,  that  represented  by  the  miller's  brand,  such  brand  -ball  be  erased,  and  the 
proper  quality  marked  thereon  by  the  inspector. 

70<»7.  Miller's  brand;  penalty.  Each  miller  or  mill  owner  shall  brand  or  cause  to 
be  branded,  on  the  head  of  each  barrel  or  side  of  each  sack  the  weight  and  quality 
of  the  flour  or  meal  contained  therein,  and  the  initial  letter  of  his  christian  name 
and  his  surname  in  full;  or  if  the  mill  is  owned  or  operated  by  more  than  one  person, 
then  the  name  <»f  such  persons  or  company;  and  if  any  miller,  mill  owner  or  com- 
pany shall  neglect  so  to  brand  the  same,  or  shall  pack  or  expos*'  for  sale  flour  or  meal 
in  any  barrel  or  sack  of  a  less  quantity  or  poorer  quality  than  branded  thereon,  he 
or  they  shall  forfeit  and  pay  for  each  offense  the  sum  of  ten  dollars  for  the  use  of  the 
county,  and  shall  be  further  liable  to  any  party  injured  in  double  the  amount  of 
damages  sustained. 

7008.  Blank  packages  of  flow.  A  miller  or  mill  owner  manufacturing  flour  for  par- 
ties having  private  brands,  may  place  the  name  and  brand  of  BUCh  parties  upon  the 
barrels  or  sacks  containing  the  flour  so  manufactured,  or  the  (lour  may  be  shipped 
by  the  miller  or  mill  owner  in  blank  packages  to  such  parties,  w  h<>  shall  place  thereon 
their  names  and  brands  before  offering  the  same  for  sale;  and  the  parties  receiving 
Hour  in  blank  packages  shall  be  liable  to  the  penalties  of  this  chapter  whenever  the 
-a i ne  i-  offered  for  sale  before  the  name  and  brand  of  the  parties 80  receiving  the  (lout- 
is  stamped  upon  the  packages  containing  it. 

70«»t>.  Unmerchantable  flour,  etc.,  penalty.  A  miller  or  other  person  who  packs,  or 
causes  to  be  packed,  any  bran,  shorts,  middlings,  or  unmerchantable  Hour,  with 
intent  to  defraud  any  person,  shall  forfeit  and  pay  for  every  such  offense  not  less  than 

one  hundred  nor  more  than  five  hundred  dollars,  for  the  use  of  the  county,  to  be 

recovered  before  any  court  of  competenl  jurisdiction,  ami,  moreover,  be  liable  to  the 
action  of  the  party  injured  for  damages;  and  the  statement  of  the  amount  and  quality 
so  placed  upon  Buch  barrels  "i-  sack-  shall  be  taken  ami  held  to  be  a  warranty  of  the 

facts  stated. 

Laning'fl  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  L,  title  6,  ch.  8,  pp.  1 17"> 

U7I1. 


OHi<».  485 

7139.  Biscuit  casks;  branding  and  inspection.  All  casks  wherein  biscuit  are  parked 
for  exportation  shall  be  of  the  same  size  and  quality  as  those  specified  for  flour  in  this 
chapter;  the  tare  and  net  weight  marked  thereon  with  a  marking  iron,  a  true  invoice 
of  which  shall  be  delivered  by  the  owner  to  the  inspector,  or  his  deputy,  when  called 
on  to  inspect  the  Bame;  and  the  inspector  or  his  deputy  shall  thereupon  proceed  to 
unhead  each  cask  and  inspect  the  same,  and  if  he  judge  it  to  be  good  and  merchant- 
able, he  shall  brand  the  same  as  directed  by  section  7063  [4278]. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  14S7. 

K  IE. 

3499.  Permit  for  cutting  Ice.     No  ice  shall  be  cut  for  the  purpose  of  being  Bold  or 

used  for  domestic  purposes  in  any  city  or  village  of  this  state  from  any  pond,  lake, 
creek  or  river  within  the  limits  of  any  such  city  or  village,  unless  a  permit  there- 
for shall  first  be  obtained  from  the  board  of  health  of  such  city  or  village,  and  no 
person  or  persons  shall  sell  or  deliver  any  ice  in  any  city  or  village  in  this  state  for 
domestic  purposes  without  first  obtaining  a  permit  therefor  from  the  board  of  health 
••4  such  city  or  village,  and  it  shall  be  lawful  for  any  such  board  of  health  to  refuse  a 
permit  and  to  revoke  any  granted  by  them,  as  aforesaid,  when  in  their  judgment  the 
use  of  any  ice  cut  or  sold,  or  to  be  cut  or  sold,  for  domestic  purposes,  under  the  same 
is  or  would  be  detrimental  to  the  public  health. 

3500.  Board  of  health  may  prohibit  use  of  ic*  if  unsuitable.  The  board  of  health  of 
any  city  or  village  may  prohibit  the  sale  or  use  of  any  ice  for  domestic  purposes 
within  the  limits  of  such  city  or  village  when,  in  their  judgment  the  same  is  unfit  for 
use,  and  the  use  of  the  same  would  be  detrimental  to  the  public  health  and  the  said 
board  may  prohibit  and  through  its  officers  stop,  detain,  and  prevent  the  bringing 
of  any  such  ice  for  the  purpose  of  sale  or  use  for  domestic  purposes  into  the  limits  of 
such  city  or  village,  and  also  in  the  same  manner  stop,  detain  and  prevent  the  sale 
of  any  such  ice  for  domestic  purposes  within  the  limits  of  such  city  or  village  when, 
in  their  judgment  the  same  is  unfit  tor  use,  and  the  use  of  the  same  would  be  detri- 
mental to  the  public  health,  and  the  said  board  may  prohibit  and  through  its  officers 
stop,  detain  and  prevent  the  bringing  of  any  such  ice  for  the  purpose  of  sale  or  use 
for  domestic  purposes  into  the  limits  of  any  such  city  or  village,  and  also  in  the  same 
manner  stop,  detain  and  prevent  the  sale  of  any  such  ice  lor  domestic  purposes  found 
within  the  limits  of  such  city  or  village. 

8501.  Penalty.  Whoever  violate-  any  provisions  of  this  act.  or  any  order  or  regu- 
lation of  the  hoard  of  health  made  in  pursuance  thereof,  shall  he  lined  in  any  sum 
not  exceeding  one  hundred  dollars. 

Act  ol  April  hi.  L900,  as  amended  April  i".'.  L902,  Laws  -.1  L902,  No.  68,  \>.  330; 
taring's   Revised  Statutes  and  Recodified  Laws,  L905,  vol.  L,  title  li',  div.  <i.  ch.  l. 

pp.  740-741. 

MAPLE  PRODI  OTfi 

71.'{2.  il.i  Maple-sugar  and  sirup-  definition.     Maple  sugar,  or  pure  maple  sugar, 

and  maple  syrup,  or  pure  maple  syrup,  shall  be  the  unadulterated  product  produced 

by  the  evaporation  of  pure  Bap  from  the  maple  1 1 
7183.    -.      \faph  sugar  and  sirup    standard.    The  standard  of  weight  of  a  gallon 

Of  maple  syrup  of  231  cubic  inches  in  the  slate  of  <  >hio,  shall  he  eleven  pounds.     Any 

other  substance  mixed  with  maple  Bugar  or  maple  syrup  or  any  other  Bubstanoe 

purporting  to  he  maple  sugar  or  maple  Byrup  of  Less  weight  than  eleven  pound-  to  the 

gallon  of  L'.".l  cubic  inches  shall  he  deemed  to  he  an  adulteration  of  such  substance. 

71JJ4-.  ( ."..  |  Adulterated  maple  sugar  and  sirup.  Any  person  who  shall  manufacture 
for  sale,  offer  for  sale,  or  have  in  his  possession  with    intent    to  sell,  or  sell  or  deliver 


486  FOODS  AND  FOOD  CONTROL. 

as  and  tor  maple  syrup  or  maple  sugar  any  adulteration  of  maple  syrup  or  maple 
sugar  as  herein  defined  shall,  upon  conviction,  be  punished  as  provided  ii.  section  6 
[7137]  of  this  act. 

7185.  (4.  )  MapL  products — branding.  Any  person  who  shall  offer  for  sale,  have 
in  hifi  □  with  intent  to  sell,  or  sell  or  deliver  as  and  for  maple  syrup,  or  as 

and  for  maple  sugar,  any  articles  which  do  not  bear  the  name  and  address  of  the 
packer  and  also  the  state,  territory  or  country  in  which  the  goods  were  produced,  in 
plain  legible  type  upon  the  label,  shall  upon  conviction,  be  punished  as  provided  in 
section  6  [7137]  of  this  act. 

71.'J(>.  (5.)  Misbranding  of  adulterated  products.  Any  person  who  shall  offer  for 
sale,  have  in  hi-  a  with  intent  to  sell,  or  sell  or  deliver  any  adulteration  of 

maple  syrup  or  maple  sugar  in  any  box,  can.  bottle  or  other  package  having  the 
word  "  Maple"  or  any  compounding  of  this  word,  as  the  name  or  part  of  the  name 
of  the  syrup  or  sugar  or  any  device  or  illustration  suggestive  of  maple  syrup  or  sugar 
or  the  manufacture  thereof,  shall,  upon  conviction,  be  punished  as  provided  in  sec- 
tion 6  [7137]  of  this  act. 

71! 37.  (6.)  Penalty.  Any  person  who  violates  any  of  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  less  than 
fifty  nor  more  than  two  hundred  dollars  and  shall  pay  the  costs  of  prosecution. 

(7.)  Repeal.  The  above  mentioned  original  act,  passed  April  16,  1900,  is  hereby 
repealed  and  this  act  shall  take  effect  sixty  days  after  its  passage. 

Approved  March  24,  1904.  Laws  of  1904.  (Senate  Hill  No.  79),  p.  40:  Laning's 
Revised  .Statutes and  Recodified  Laws  1905,  vol  1,  title  5,  ch.  S,  p.  1486. 

MEAT.a 

7070.  Cons/ruction  of  barrels.  All  barrels  for  beef  orpork  shall  be  made  of  Bound, 
well-seasoned  white  oak  timber,  clear  of  sap  wood,  twenty-nine  inches  in  length 
when  finished,  with  a  cut  head  of  seventeen  and  a  half  inches  in  diameter,  tightly 
bound  with  strong  hoops,  one-third  of  the  Length  thereof,  a!  each  end;  and  when 
packed  and  headed  up,  the  outward  hoop  on  each  end  shall  be  secured  with  four 
nails  of  suitable  size. 

7071.  Construction  of  half-barrels.  All  half-barrel-  for  beef  or  pork,  shall  be  made 
of  sound,  well-seasoned  white  oak  timber,  clear  of  sap,  twenty-four  inches  in  length, 
with  a  cut  head  fourteen  inches  in  diameter,  bound  with  hoops  one-third  the  length 
of  such  half-barrel,  ;ii  each  end:  the  outward  hoops  thereof  being  secured  with  at  least 
three  nails  of  suitable 

7072.  Packing  regulations;  grades  of  beef.  Each  barrel  of  beef  or  pork,  put  up  for 
exportation,  shall  contain  two  hundred  pounds  weight  of  sound,  clean,  well  slaugh- 
tered meat,  and  such  only  as  is  well  fattened,  which  shall  be  denominated  as  follows: 
"Mess  beef,"  shall  be  cut,  ae  nearly  as  possible,  into  well  formed  pieces  of  ten  pounds, 
B0  that  twenty  pieces  shall  make  the  weight,  and  Bhall  be  well  assorted,  excluding 
Legs,  l»r  rounds,  uecks  and  shoulder  clots;  "  prime  beet."  shall  be  cut  in  like  manner, 
and  shall  be  well  assorted,  Out  may  include  i  lingtwo  teg  rounds  leaving  out 
the  point  of  the  neck  and  all  clotted  piece-;  fifty  pounds  of  clean,  fair,  dry  Bait,  and 
four  ounces  of  -alt  peter  shall  be  put  into  each  barrel;  and  when  tin-  barrel  is  packed 
ami  headed,  it  shall  be  tilled  up  with  strong  pickle. 

7073.  Grades  of  pork.     Each  barrel  of  '-prime  pork"  shall  consist  of  twenty-five 
-,  weighing  eight  pounds  each,  a-  nearly  as  possible,  making  two  hundred 

pounds,  which  may  include  one  head  and  a  half,  and  six  -hanks,  excluding  the  Legs, 
ears,  and  snout-.  BO  afl  t>'  be  composed  of  the  assorted  meat  of  one  hog  and  a  half;  or 


oSee  abo  ( reneial  Food  Laws  and  Dairy  Products. 


ohio.  487 

in  lieu  thereof,  three  shoulders,  one  head  and  a  half,  exclusive  of  the  legs,  snouts. 
and  ears,  and  remainder  in  side  pieces.  Each  barrel  of  "mess  pork"  shall  consist 
of  twenty-five  pieces,  of  eight  pounds  weight,  each,  as  nearly  as  possible,  making 
two  hundred  pounds  of  pork,  taken  from  the  middlings  or  sides  of  hogs  weighing 
upward  of  two  hundred  pounds  each.  Each  barrel  of  "  navy  pork  "  shall  consist  of 
twenty-live  pieces,  of  eight  pounds  each,  as  nearly  as  possible,  making  two  hundred 
pounds  of  pork,  assorted,  excluding  all  shanks  and  faces,  no  hog  to  weigh  less  than 
one  hundred  and  fifty  pounds  net.  The  pieces  of  pork  shall  be  packed  on  the  edge, 
with  at  least  fifty  pounds  of  clean,  fair  salt,  and  two  ounces  of  salt  peter,  to  each 
barrel;  and  when  thus  packed  and  headed  each  barrel  shall  be  rilled  up  with  strong 
pickle. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  1477. 

SALT. 

7170.  CofiStructions  of  barrels;  branding.  All  manufacturers  of  salt  in  the  state 
shall  have  the  same  well  and  sufficiently  drained,  and  packed  in  good  barrels,  made 
of  good,  sound,  seasoned  timber;  the  head  and  bilge  hoops  to  be  well  nailed  with 
not  less  than  four  nails  in  each  hoop;  one  head  shall  be  bored  with  some  metallic 
instrument  not  less  than  one  inch  in  size;  the  name  of  the  manufacturer  shall  be 
distinctly  branded  on  the  head  of  each  barrel;  and  all  salt  sold  at  the  manufactory 
shall  be  marked  with  the  net  weight  in  figures,  directly  under  the  same,  with  good. 
durable  paint. 

7171.  Fine.  Any  manufacturer  refusing  t<>  comply  with  the  next  preceding 
section,  shall  be  lined  tor  each  offense  the  sum  of  fifty  cents  per  barrel,  which  may 
be  collected  before  any  court  having  jurisdiction  thereof,  in  a  civil  action,  by  any 
person  taking  cognizance  of  the  same. 

717*2.  Exemption.  Nothing  in  this  chapter  shall  be  so  construed  as  to  prohibit 
the  manufacturers  from  shipping  salt  in  bulk. 

717.'$.  Inspection  of  imports.  All  salt  manufactured  out  of  and  imported  into  this 
state,  in  barrels  or  casks,  at  any  place  where  an  inspection  of  salt  is  established, 
unless  previously  inspected  before  the  same  is  sold,  removed,  or  shipped  from  the 
place  of  landing,  or  before  the  same  shall  be  permitted  to  enter  this  state,  shall  be 
inspected  as  hereinafter  directed;  but  nothing  in  this  chapter  shall  be  so  construed 
afi  to  subject  salt  to  be  inspected  that  is  landed  and  intended  to  be  reshipped  to  any 
other  state. 

7174.  Exemption.  Nothing  in  this  chapter  shall  be  s<>  construed  as  to  require  the 
reinspection  of  any  salt  imported  from,  and  previously  inspected  in  accordance  with 
the  laws  of,  any  other  state  of  the  United  States. 

7176.  Sampling;  grades;  branding.  Every  inspector  of  salt,  appointed  under  the 
provisions  of  this  chapter,  shall  immediately  thereafter,  provide  himself  with  an 

auger,  such  as  is  used  by  the  inspectors  of  flour,  and  shall  bore  a  hole  in  the  head  of 

each  barrel  or  cask  by  him  inspected,  ool  exceeding  one  inch  in  diameter,  and  shall 
run  the  auger  through  to  the  other  end  of  such  barrel  or  cask,  in  a  diagonal  direction, 
and  shall   procure  a  fair  sample  of  the  salt ;  and  if  the  salt  is  of  the  first  quality,  he 

shall  inscribe  on  the  head  thereof,  in  fair  and  legible  characters,  "No.  l,"  and  if  of 

the  second  quality,  he  shall  inscribe  in  like  manner.  "  No.  •_',"  and  if  of  a  very  inferior 
quality,  he  shall   inscribe  the  letter  "  II."  thereon,  which  will  stand  for  "refused," 
or  "rejected,"  which   he  shall   cause  to   be  branded  above  his  name;  and  he  shall 
Cause  B  brand  to  be  made  for  that  purp 
717<».   Fee.    The  inspector  shall  receive  from  the  person  who  owns  or  has  charge 

of  the  salt,  at  the  time  of  the  inspection,  three  cents  tor  each  barrel  or  C881  by  him 

inspected. 

10945— No.  69,  pt  8—06 ■> 


488  FOODS  AND  FOOD  CONTROL. 

717  7.  Inspection  of  imported  salt.  Importers  of  salt  shall  call  upon  the  inspector, 
and  place  the  salt  in  some  convenient  situation  to  be  inspected;  and  the  inspector 
shall  inspect  and  brand  the  same  with  all  reasonable  dispatch. 

717S.  Fin,  for  selling  without  inspection.  Any  person  who  sells  any  salt,  liable  to 
inspection  by  this  chapter,  at  any  place  where  an  inspection  is  established,  or 
removes  or  permits  the  same  to  be  removed  from  the  place  of  landing,  without 
having  the  same  inspected,  shall  forfeit  and  pay  the  sum  of  one  dollar  for  each  and 
every  barrel  or  cask  by  him  sold,  removed  or  permitted  to  be  removed,  to  be 
recovered  in  a  civil  action  in  the  name  of  the  state,  by  any  person  suing  for  the  same, 
before  any  justice  of  the  peace  of  the  county  in  which  such  offense  is  committed; 
but  if  any  salt  is  once  regularly  inspected  by  virtue  of  this  chapter,  by  any  inspector 
of  salt  in  this  state,  such  salt  shall  not  be  required  to  undergo  an  inspection  at  any 
other  place. 

7175).  Tare  regulations.  The  inspector  of  salt  shall  regulate  the  tare  of  barrels  as 
follows:  all  barrels  weighing  less  than  three  hundred  pounds  shall  be  tared  at  thirty 
pounds;  all  barrels  weighing  over  three  hundred  and  less  than  four  hundred,  shall 
be  tared  thirty-five  pounds;  and  all  barrels  weighing  over  four  hundred  pounds 
shall  be  tared  forty  pounds. 

bailing's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  5,  eh.  S,  pp. 
1490-1491. 

VINEGAR. 

7227.  (1.)  Standard.  No  person  shall  manufacture  for  sale,  offer  or  ex  pose  for  Bale, 
sell  or  deliver,  or  have  in  his  possession  with  intent  to  sell  or  deliver,  any  vinegar 
not  in  compliance  with  the  provisions  of  this  act,  No  vinegar  shall  be  sold  as 
apple,  orchard  or  cider-vinegar  which  is  not  the  legitimate  product  of  pure  apple- 
juice,  known  as  apple-cider;  or  vinegar  not  made  exclusively  of  said  apple-cider;  or 
vinegar  into  which  foreign  substance,  drugs  or  acids  have  been  introduced,  as  may 
appear  upon  proper  test,  and  upon  said  test  shall  contain  not  less  than  two  percent., 
by  weight,  of  cider-vinegar  solids  upon  full  evaporation  at  the  temperature  of  boiling 
water. 

722s.  (2.)  Fermented  and  distilled  vinegar;  coloring;  acetic  strength.  All  vinegar 
made  by  fermentation  and  oxidation  without  the  intervention  of  distillation  shall  be 
branded  "fermented  vinegar,''  with  the  name  of  the  fruit  or  substance  from  which 
tin-  same  is  made.  And  all  vinegar  made  wholly  or  in  part  front  distilled  liijuor  shall 
be  branded  "distilled  vinegar,"  and  all  such  distilled  vinegar  shall  be  free  from  col- 
oring   matter  added    during   or  after  distillation   and    from  color   other   than    that 

imparted  to  it  by  distillation.  And  all  fermented  vinegar  nol  distilled  shall  contain 
not  less  than  two  per  cent.,  by  weight,  upon  full  evaporation  (at  the  temperature  of 

boiling  water),  of  solids,  contained  in  the  fruit  or  grain  from  which  said  vinegar  is 
fermented,  and  said  vinegar  shall  contain  not  less  than  t\\  o-and-a-half-teut  lis  of  one 
per  cent,  ash  or  mineral    matter,  the  same  being  the   product    of   the  material    from 

which  said  vinegar  is  manufactured.  And  all  vinegar  shall  be  made  wholly  Erom 
the  fruit  or  grain  from  which  it  purports  to  be  or  is  represented  to  be  made,  and 

shall  contain  no  foreign  substance,  and  shall  contain  Q01   less  than  lour  per  cent.,  by 

weight,  of  absolute  acetic  acid. 

7229.  (3.)  Injurious  ingredients;  branding.  Mo  person  shall  manufacture  for  sale, 
offer  for  sale,  or  have  in  his  possession  with  intent  to  sell,  any  vinegar  found  upon 

proper  tesl  to  contain  any  preparation  of  lead,  copper;  sulphuric  or  other  mineral 
arid,  or  other  ingredients  injurious  to  health.      And  all    packages  containing  vinegar 

shall  be  branded  on  the  head  of  the  cask,  barrel  or  ke<,r  containing  such  vinegar,  or 

it"  Bold    in  other  packages  that  each    package  he  plainly   marked  with   the  name  and 


ohio.  489 

residence  of  the  manufacturer,  together  with  brand  required  in  section  two  [7228] 
hereof. 

7280.  (4. )  Penalty.  Whoever  violates  any  of  the  provisions  of  this  act  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  or 
imprisoned  not  less  than  thirty  days  nor  more  than  one  hundred  days,  or  both,  and 
shall  be  adjudged  to  pay  in  addition  all  necessary  costs  and  expenses  incurred  in 
inspection  and  analyzing  such  vinegar. 

7231.  (4.)  Penalty;*  brand*  <m  casks  of  vinegar;  manufacturing  farmer.  Whoever 
violates  any  of  the  provisions  of  this  act  shall,  upon  conviction,  be  fined  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars,  or  imprisoned  not  less  than 
thirty  days  nor  more  than  one  hundred  days,  or  both,  and  shall  be  adjudged  to  pay, 
in  addition,  all  necessary  costs  and  expenses  incurred  in  inspection  and  analyzing 
such  vinegar. 

Every  person  making  or  manufacturing  cider  vinegar,  who  is  not  a  domestic  manu- 
facturer of  cider  or  cider  vinegar,  shall  brand  on  each  head  of  the  cask,  barrel  or 
keg  containing  such  vinegar,  the  name  and  residence  of  the  manufacturer,  tae  date 
when  same  was  manufactured,  and  the  words  ''cider  vinegar."  And  no  vinegar 
shall  be  branded  "fruit  vinegar"  unless  the  same  be  made  wholly  from  apples, 
grapes,  or  other  fruit. 

Provided,  that  nothing  in  this  bill  shall  be  construed  to  prevent  any  farmer  from 
manufacturing  for  his  own  private  use,  or  offering  for  sale,  not  to  exceed  twenty-five 
barrels  in  any  one  year,  pure  cider  or  other  fruit  vinegar,  branding  the  same  "domes- 
tic cider  vinegar,"  with  name  and  date  of  manufacturer,  and  when  so  branded,  shall 
be  sufficient  guarantee  of  its  purity. — As  amended  April  Slt  1898,  93  0.  L.,  185. 

7232.  (5.)  Penalty.  Whoever  violates  any  of  the  provisions  of  this  act  shall, 
upon  conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dol- 
lars or  imprisoned  not  less  than  thirty  days,  nor  more  than  one  hundred  days,  or  both; 
and  -hall  be  adjudged  to  pay  in  addition  all  necessary  costs  and  expenses  incurred  in 
inspecting  and  analyzing  such  vinegar.  And  all  vinegar  not  in  accordance  with  this 
act  shall  be  subject  to  forfeiture  and  spoliation. 

Passed  March  30,  1896.  92  0.  L.,  100;  Laning's  Revised  Statutes  and  Recodified 
Laws,  1905,  vol.  1,  title  5,  ch.  8,  p.  1499. 

WATER. 

10."><;s.  Whoever  maliciously  pate  any  dead  animal,  carcass,  or  part  thereof,  or  any 
other  putrid,  nauseous,  noisome,  or  offensive  substance,  into  (.r  in  any  manner 
befouls,  any  well,  spring,  brook,  or  branch  of  running  water,  or  any  reservoir  of 
water-works,  of  which  use  i>  or  may  be  made  for  domestic  purposes,  shall  be  fined 
not  more  than  fifty  nor  less  than  live  dollars,  or  imprisoned  not  more  than  sixtv 
days,  "i-  both. 

Laninti's  Reviscl  Statutes  and  Recodified  Law-.   L906,  vol.   1,  title  1,  ch.  7.  p.  2088. 

:{709.  Water  supply-^municipal  The  jurisdiction  of  any  municipal  corporation  to 
prevent  tli,-  pollution  of  its  water  supply  and  to  provide  penalty  therefor,  shall  extend 
twenty  mile-  beyond  the  corporation  limits.  Whoever  pollutes  any  running  stream, 
the  water  of  which  is  used  for  domestic  purposes  by  any  municipality  by  potting 

therein  any  putrid  Or  offensive  Substance,     other  than  fresh  or  salt  water),  injurious 

to  health  shall  be  guilty  of  a  misdemeanor,  which  shall  be  punishable  by  a  fine  of 

not  less  than  live  nor  more  than   five  hundred  dollars.      It  shall  be  the  duty  of  the 
"Repetition  of  BOCtiOD  A  occurs  in  statutes. 


490  FOODS    AND    FOOD    CONTROL. 

hoard  of  public  Berviee  or  board  of  trustees  of  public  affairs  of  any  municipal  cor- 
poration to  enforce  the  provisions  of  this  section. 

Laning's  Revised  Statutes  and  Recodified  Laws,  1905,  vol.  1,  title  12,  div.  8,  ch.  1, 
p.  779. 

RULINGS  OF'STATE  DAIRY  AND  FOOD  CH  iMMISSIOXER. 

Artificial  color  in  canned  tomatoes. — Beginning  with  the  tomato  crop  of  1905,  the 
attitude  of  the  Ohio  State  Dairy  and  Food  Department  will  be  against  the  use  of  arti- 
ficial coloring  in  canned  tomatoes  or  tomato  catsup.  Harmful  preservatives  are 
ALWAYS  forbidden. 

Coloring  matter  in  noodle*,  vermicelli,  etc. — After  July  1,  1905,  no  coloring  matter 
will  be  permitted  in  noodles  or  egg  noodles,  spaghetti  or  egg  spaghetti,  vermicelli  or 
egg  vermicelli,  macaroni  or  egg  macaroni,  except  such  as  may  be  imparted  by  the 
eggs  used  in  the  manufacture  of  the  articles  above  mentioned. 


OKLAHOMA. 

The  Territory  of  Oklahoma  has  no  officer  charged  with  the  enforce- 
ment of  its  food  laws  with  the  exception  of  the  powers  of  the  board 
of  health,  mentioned  below. 

GENERAL  FOOD  LAWS. 

Sec.  3.  Condemning  impure  food.  It  shall  be  the  duty  of  the  board  of  health  to 
examine  applicants  and  grant  licenses  to  those  found  to  be  qualified,  and  entitled  to 
the  same,  to  quarantine  against  outside  territory  known  to  be  infected  with  conta- 
gious or  infectious  diseases,  to  condemn  and  destroy  impure  and  diseased  articles  of 
food  offered  or  exposed  for  sale  in  the  Territory  and  to  act  in  conjunction  with  the 
county  and  municipal  boards  of  health. 

.  Sec.  9.  Repeal.  Chapter  eight  of  the  statutes  of  Oklahoma,  1893,  together  with  all 
acts  and  parts  of  acts  in  conflict  herewith,  are  hereby  repealed. 

Sw  -.  10.  Date  of  taking  effect.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Approved  March  12,  1903.     Session  Laws,  1903,  ch.  5,  p.  89. 

2355.  (16)  Adulterated  or  diluted  food,  drink,  or  drugs.  Every  person  who  adul- 
terates or  dilutes  any  article  of  food,  drink,  drug,  medicine,  strong,  spirituous  or  malt 
liquor  or  wine,  or  any  article  useful  in  compounding  either  of  them,  whether  one 
useful  for  mankind  or  for  animals,  with  a  fraudulent  intent  to  offer  the  same,  or 
cause  or  permit  it  to  be  offered  for  sale  as  unadulterated  or  undiluted,  and  every  per- 
son who  fraudulent ly  sells  or  keeps  or  offers  lor  sale  the  same  as  unadulterated  or 
andiluted,  knowing  it  to  have  been  adulterated  or  diluted,  is  guilty  of  a  misdemeanor. 

2350.  (17)  Spoiled  or  unwholesome  food.  Every  person  who  knowingly  sells,  or 
keeps  or  offers  for  sale,  or  otherwise  disposes  of  any  article  of  food,  drink,  drag  or 
medicine,  knowing  that  the  same  has  become  tainted,  decayed,  spoiled  or  otherwise 
unwholesome  or  until  to  be  eaten  or  drank,  with  intent  to  permit  the  same  to  be 
eaten  or  drank  by  any  person  or  animal,  is  guilty  of  a  misdemeanor. 

Revised  and  Annotated  Statutes,  L903,  vol.  1,  ch.  25,  p.  622. 

2.">.'{4.  (l)  Sale  of  diseased  or  unwholesome  provisions.     Any  person  who  shall  sell 

any  kind  of  diseased,  corrupted  or  unwholesome  provisions,  whether  meat  or  drink, 

without  first  making  the  fad  fully  known  to  the  buyers,  shall  be  punished  by  impris- 
onment in  the  county  jail  not  more  than  >i  \  months,  or  by  line  not  exceeding  OH6 
hundred  dollars. 

2585.  (2)  Fraudulent  adulteration  of  liquors,  candy,  etc.  \ny  person  who  shall 
fraudulently  adulterate,  for  the  purpose  of  Bale  or  shall  offer  for  sale  any  substance 

intended  for  food,  or  any  wine,  Spirits,  malt  or  Other  spirituous  liquors,  or  any  other 

fluid,  intended  for  drinking,  or  any  candy  or  .-weetmeat  with  any  substance,  coloring 

491 


492  FOODS    AND    FOOD    CONTROL. 

matter,  or  anything  poisonous,  deleterious  or  injurious  to  health,  or  any  article  of 
food  or  drink  that  is  not  just  what  in  its  purity  represented  to  be,  or  who  shall  man- 
ufacture, sell  or  offer  for  sale,  any  such  adulterated  food,  liquor,  candy  or  sweet- 
meat, shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than  one  year 
or  by  fine  not  exceeding  two  hundred  dollars,  and  articles  so  adulterated  shall  be 
forfeited  and  destroyed. 

Revised  and  Annotated  Statutes,  1903,  vol.  1,  ch.  25,  p.  64V*. 
ALCOHOLIC  BEVERAGES. 

3409.  (15)  Every  person  so  licensed,  or  any  other  person,  who  shall  intentionally 
or  otherwise  sell  or  give  away,  or  direct  or  permit  any  person  or  persons  in  his 
employ  to  sell  or  give  away,  any  malt,  spirituous  or  vinous  liquors  which  shall  be 
adulterated  with  strychnine,  strontia,  sugar  of  lead,  or  any  other  substance,  shall 
forfeit  any"  pay  the  sum  of  one  hundred  dollars  for  every  such  offense.  An  analysis 
made  by  a  practical  chemist  shall  be  deemed  competent  testimony  under  the  provi- 
sions of  this  section. 

Revised  and  Annotated  Statutes,  1903,  vol.  1,  ch.  49,  p.  844. 

DAIRY  PRODUCTS. 

2541.  (8)  Any  person  who  shall  bring  or  send  to  any  other  person  or  company 
or  corporation,  to  be  used  for  the  manufacture  of  butter  or  cheese,  or  who  shall  sell, 
furnish  or  supply  to  any  other  person,  to  be  used  in  any  manner  whatever  any  milk 
drawn  from  a  cow  not  in  proper  condition  of  health,  or  any  milk  adulterated  by  any 
deleterious  substances,  or  that  has  been  adulterated  with  water,  or  colored  by  any 
substance  whatsoever,  shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  thirty  days  or  by  fine  not  exceeding  fifty  dollars,  and  shall  be  civilly  liable  to 
to  the  party  wronged  in  a  sum  of  not  less  than  fifty  dollars. 

Revised  and  Annotated  Statutes,  1903,  vol.  1,  ch.  25,  p.  650. 

MEAT. 

Sec.  1.  Procedure  when  regular  inspection  is  not  available.  In  rural  districts,  where 
there  is  no  convenient  resident  inspector  or  deputy  inspector,  when  any  resident 
citizen  of  such  districl  desiring  to  slaughter  for  sale  to  the  public  any  cattle  or  other 
animals  for  food  within  such  district,  may,  instead  of  obtaining  regular  inspection, 
call  any  two  of  his  immediate  neighbors,  who  are  not  related  to  him  nor  to  each 
other,  nor  owners  of  any  interest  in  such  cattle,  nor  in  any  other  property  in  which  he 
owns  an  interest  and  who  know  his  cattle,  and  w  ho  may  consent  to  do  so,  to  inspect 
such  cattle  for  Blaughter;  and  if,  immediately  before  slaughtering  the  same,  such 
inspectors  find  upon  examination  of  the  cattle  and  from  their  own  prior  knowledge 
of  the  same,  or  of  those  with  which  it  has  Long  been  associated  that  the  cattle  to  he 
Slaughtered  is  not  affected  nor  infected  with  any  disease  which  would  render  it  unfit 
for  human    food    and    is   ot herwise  lit  for  such    food,  such    inspectors  may  deliver  to 

the  person  desiring  to  slaughter  the  same  a  written  statement,  over  their  signatures, 
as  to  the  facts  so  found  and  believed;  and  in  such  cases  regular  inspection  maybe 

dispensed  with:   Provided,  however,  surh  cattle  and  other  animals  for  food  must    he 

slaughtered  Immediately  after  such  inspection.    And,  provided,  further,  the  privileges 

Of  this  Act  shall  Only  extend  to  and  be  available  U)  the  owners  of  cattle  so  slaughtered; 

and  only  when  regular  inspection  can  qo1  be  reasonably  had. 

30  in  Statute-. 


OKLAHOMA.  493 

Sec.  2.  Penalty.  Any  person  called  and  inspecting  any  cattle  and  other  animals 
for  food  under  the  provisions  of  this  Act  who  shall  fail  to  exercise  reasonable  care 
and  diligence  in  examining  the  same  and  in  making  inquiries  in  that  regard  or  who 
shall  willfully  make  any  false  or  misleading  statement  authorizing  or  causing  the 
person  desiring  to  slaughter  such  cattle  or  other  animals  for  food  for  sale  to  the  pub- 
lic to  do  so,  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  accordingly  by 
fine  of  not  less  than  fifty  dollars  and  imprisonment  in  the  county  jail  thirty  days. 

.  3.  Effect.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  approval. 

Approved  February  23,  1905.     Session  Laws  of  1905,  ch.  3,  art.  2,  pp.  47-48. 


OREGON. 

The  Oregon  dairy  and  food  commissioner  is  charged  with  the  enforce- 
ment of  all  the  food  laws  of  the  State.  He  is  elected  by  popular  vote 
as  in  the  case  of  other  State  officers,  and  has  authority  to  appoint 
deputies  and  other  employees.  At  the  last  meeting,  the  legislature 
passed  a  new  general  food  law  which  superseded  all  earlier  legislation 
on  this  subject.     There  has  not  }Tet  been  time  to  test  the  efficiency  of 

the  new  laws. 

GENERAL  FOOD  LAWS/' 

2  IIS.  Penalty  for  sale  of  unwholesome  prov  isions.  If  any  person  shall  knowingly 
sell  any  kind  of  diseased,  corrupted,  or  unwholesome  provisions,  whether  for  meat 
or  drink,  without  making  the  same  fully  known  to  the  buyer,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  not  less 
than  three  months  nor  more  than  one  year,  or  by  fine  not  less  than  fifty  nor  more 
than  five  hundred  dollars. 

2119.  Sale  of  adulterated  foods.  If  any  person  shall  adulterate  for  the  purpose  of 
sale  any  substance  intended  for  meat  or  drink  with  any  substance  injurious  to  health, 
or  shall  sell  or  offe^for  sale  any  substance  so  intended,  knowing  the  same  to  be  so 
adulterated,  such  person,  upon  conviction  thereof,  shall  be  punished  in  the  manner 
provided  in  section  2118. 

Bellinger  and  Cotton's  Annotated  Codes  and  Statutes,  L9Q2,  vol.  1,  ch.  9,  pp. 
733-734. 

2121.  Unwholesome  foods,  etc.,  unlawful.  It  shall  be  unlawful  for  any  person  or 
persons  to  sell  or  exchange,  or  expose  for  sale  or  exchange,  any  unwholesome,  un- 
clean, tainted,  or  diseased  foods  or  medicines  of  any  kind  whatever. 

2122.  Penalty.  Whosoever  violates  any  of  the  pro\  isions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  line  of  not 
less  than  twenty-five  dollars  nor  more  than  one  bundred  dollars,  or  by  imprisonment 

in  the  county  jail   not   less  than  thirty  days  nor  more  than  six   months.      Justices' 

courts  shall  have  jurisdiction  of  all  cases  arising  under  this  act, 

2123.  Analysis  of  foods  bought  as  pure;  fee  for  analysis;  disposition  of  such  moneys. 
1 1'  any  person  or  persons  shall  have  purchased  foods,  drinks,  medicines,  or  fertilizers, 
believing  them  to  be  pure  and  unadulterated,  which  shall  prove  by  analysis  or  tests 
to  be  adulterated,  such  person  or  persons  shall  not  be  deemed  guilty  under  this  act : 
Provided,  thai  such  person  <>r  persons  pay  to  the  state  dairy  and  food  commissioner 
the  Bum  of  ten  dollars  in  case  of  analysis  Or  five  dollars  for  each  test  made  by  him  to 

determine  the  quality  of  such  foods,  drinks,  medicines,  or  fertilizers,  as  the  case  may 

be,  and  who  -hall,  after  being  informed  Of  such  adulteration,  at  once  mark  the  same 

as  required  by  section  2121;  all  moneys  collected  by  the  commissioner  for  making 
analysis  shall  be  paid  by  the  commissioner  to  the  state  agricultural  college  for  mak- 
ing tests,  to  be  credited  to  the  state,  and  become  a  part  of  the  state  appropriation  to 
defray  the  expenses  of  the  enforcement  of  this  act. 

Bellinger  and  Cotton's  Annotated  Oodei  and  Statutes,   L902,  vol.  1,  ch.  0,  p.  734. 


e  also  Dairj  Product-. 
I'.u 


OREGON.  495 

ALCOHOLIC  BEVERAGJ 

Sec.  48.  Preservatives  in  cider  prohibited.  No  person  shall  manufacture  or  sell  cider, 
or  any  preparation  thereof  containing  salicylic  acid,  formaline  preservative,  antifer- 

ment,  or  any  other  drug,  chemical,  or  substance  that  is  injurious  to  the  human 
system. 

Sec.  54.  Adulteration  of  wines  defined.  All  wines  containing  alcohol,  except  such  as 
have  been  produced  by  natural  fermentation  of  pure,  undried  fruit  juices,  or  com- 
bined with  distilled  spirits,  whether  denominated  wines,  or  by  any  other  name, 
which  may  be  used  as  a  beverage,  or  combined  with  other  liquors  intended  for  use, 
and  all  compounds  of  the  same  with  pure  wine,  and  all  preserved  fruit  juices  com- 
pounded with  substances  not  produced  from  undried  fruit  intended  for  use  as  a  bev- 
erage, or  for  use  in  the  fermentation  or  preparation  of  liquors  intended  for  such  use, 
and  all  wines,  imitations  of  wines  or  other  beverages  produced  from  fruit  which 
shall  contain  alum,  baryta,  salts,  caustic  lime,  carbonate  of  soda,  carbonic  acid,  salts 
of  lead,  glycerine,  salic  acid,  or  any  other  antiseptic  coloring  matter  not  produced 
from  undried  fruit,  artificial  flavoring,  essence  of  ether,  or  any  other  foreign  sub- 
stance injurious  to  health  shall  be  known  as  or  deemed  to  be  adulterated  wine,  and 
shall  not  be  sold,  offered  for  sale,  or  manufactured  with  intent  to  sell  within  the 
State.  All  such  wine  and  every  such  beverage  shall  be  deemed  a  public  nuisance 
and  forfeited  to  the  State  and  summarily  seized  and  destroyed  by  any  health  officer 
within  whose  jurisdiction  it  shall  be  found,  and  the  reasonable  expense  of  such 
seizure  shall  be  a  county  charge. 

Sec.  55.  Pare  wine  defined.  For  the  purpose  of  this  article,  pure  wine  shall  be 
deemed  to  mean  the  fermented  juice  of  undried  grapes  or  other  undried  fruits,  but 
the  addition  of  pure  sugar  to  perfect  wine  or  distilled  wine  to  preserve  it,  not  to 
exceed  8  per  cent  of  its  value,  or  the  use  of  things  necessary  to  clarify  or  refine  the 
wine,  not  injurious  to  health,  shall  not  be  construed  as  adulteration  if  such  wine  con- 
tain at  least  To  per  cent  of  pure  grape  or  other  undried  fruit  juices. 

Sbc.  •"><>.  Half  wine  and  made  wine  defined;  stamps  or  labels.  For  the  purpose  of  this 
act,  any  wine  that  contains  less  than  75  per  cent  and  more  than  50  per  cent  of  pure 
grape  or  other  undried  fruit  juice,  and  is  otherwise  pure,  shall  be  known  as  half 
wine,  and  upon  each  and  every  package  of  such  wine  manufactured  with  intent  to 
sell,  sold  or  offered  for  sale  within  this  State,  if  containing  more  than  three  gallons, 
there  shall  be  stamped  on  both  ends  of  the  package  containing  the  same,  in  black 
printed  letters  at  least  one  inch  in  height,  the  proper  proportion  in  width,  the  words 
"Half  Wine,''  and  if  containing  more  than  one  quart  and  not  more  than  three  gal- 
lons, there  shall  be  stamped  on  each  package  in  plain  printed  black  letters  at  least 
one-half  inch  high,  and  of  the  proper  proportion  as  to  width,  the  words  "Halt 
Wine.'"  and  in  a  package  or  bottle  of  one  quart  or  less,  there  shall  be  placed  a  label, 
securely  pasted  thereon,  having  the  words  "Halt  Wine"  plainly  printed  in  black 
letters,  at  least  one-quarter  of  an  inch  high, and  of  the  proper  proportion  asto  width. 
If  any  number  of  small  packages  is  enclosed  in  a  larger  package,  as  a  box,  barrel,  case, 
or  cask,  such  out >idi •  package  shall  have  thereon  the  stamp  "Half  Wine"  in  letters 
of  a  si/.«-  according  to  the  rise  of  such  outer  package.  Every  person  who  shall  sell, 
offer  for  sale,  or  manufacture  with  intent  to  sell  any  vine  containing  less  than  50  per 
cent  of  pure  grape  or  other  undried  Emit  juice,  and  otherwise  pure,  shall  cause  all 

the  packages  Containing  the  same  to  be  stamped,  marked  and  labeled  w  ith  tin-  words 

■  Halt  Wine."  bo  required  in  this  section  to  be  stamped,  marked  and  labeled,  and  all 

such  wine  shall  be  known  and  sold  as  "  Made  Wine." 

Filed  February  l'l'.  L906.     Laws  of  p.m;>,  ch.  209,  pp.  359,  361 

Bee  Dairy  Products  for  general  provisions,  penalties,  appropriations,  etc.,  apply- 
ing also  t.,  these  sections. 


496  J^OODS    AND    FOOD    CONTROL. 

CONFECTIONERY. 

2124.  Addition  of  injurious  ingredients.  No  person  shall,  by  himself,  his  servants. 
or  agent,  or  as  servant  or  agent  of  any  other  person,  persons,  or  corporation, 
manufacture  for  sale,  or  knowingly  sell  or  offer  to  sell  any  candy  or  other  confection- 
ery adulterated  by  the  admixture  of  terra  alba,  barytes,  talc,  or  any  other  mineral 
substance,  or  by  poisonous  colors  or  flavors  or  other  ingredients  injurious  or  detri- 
mental to  the  health  of  consumers. 

2125.  Penally;  destruction  of  candy;  jurisdiction.  Any  person  violating  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  sentenced 
to  the  county  jail  for  a  period  not  exceeding  six  months;  and,  in  addition  to  said  line 
or  punishment,  the  candy  so  adulterated  shall  be  forfeited  and  destroyed  by  order 
of  the  court  having  jurisdiction  of  the  offense.  Justices'  courts  shall  have  jurisdic- 
tion of  all  cases  arising  under  this  act. 

2126.  Enforcement.  It  shall  be  the  duty  of  the  Oregon  state  food  and  dairy  com- 
missioner to  enforce  the  provisions  of  this  act. 

2127.  Analyses.  It  shall  be  the  duty  of  the  chemist  of  the  state  agricultural  col- 
lege to  correctly  analyze  any  and  all  substances  the  said  commissioner  may  send  him 
for  the  purpose  of  carrying  out  the  provisions  of  this  act. 

Approved  February  16,  1899.  Laws  of  1899,  p.  45;  Bellinger  and  Cottons  Anno- 
tated Codes  and  Statutes,  1902,  vol.  1,  eh.  9,  p.  735. 

DAIRY  PRODUCTS. 

Sec.  1.  Dairy  and  food  commissioner;  term  of  office;  salary.  At  the  general  election 
held  in  June,  1908,  and  every  four  years  thereafter,  there  shall  be  elected  by 
tin-  electors  of  the  State  of  Oregon,  a  commissioner  who  shall  be  known  as  the 
"Oregon  Dairy  and  Food  Commissioner,"  who  shall  hold  his  office  for  a  term  of 
four  years,  and  until  his  successor  is  elected  and  qualified,  who  shall  qualify 
within  thirty  days  from  the  time  of  his  election,  by  taking  and  tiling  an  oath 
to  faithfully  perform  the  duties  of  said  office  with  the  Secretary  of  State,  who  shall 
receive  for  his  salary  the  sum  of  two  thousand  dollars  ($2,000)  per  year  from  and 
after  the  passage  of  this  act,  and  his  actual  traveling,  office  and  other  expenses 
incurred  in  the  discharge  of  the  duties  of  his  office,  not  to  exceed  twelve  hundred 
dollars  ($1,200)  per  year,  said  money  to  be  used  Cor  the  expenses  actually  incurred  in 
tli<-  performance  of  duty  connected  with  the  execution  of  the  work  pertaining  t" 
the  office,  and  to  be  allowed  and  paid  upon  vouchers  verified  under  oath  and  tiled 
with  the  Secretary  of  State;  /,f<>>;d<<!,  that  the  present  Dairy  ami  Food  Commissioner 

elected  al  the  general  election  held  In  June,  1904,  shall  continue  to  hold  said  office 

until  his  successor  is  elected  and  qualified  and  shall  have  all  the  power  and  perform 
all  the  duties  of  the  Dairy  and  Food  Commissioner  herein  pr<»\  ided;  and  the  expense 

fund  of  (»ne    thousand   two   hundred   dollars    per   year   herein  provided  for  shall    be 
available  at  once. 

Sec.  2.  May  appoint  deputy  chemist  -duties.  Said  commissioner  may,  al  anytime 
after  the  passage  "f  this  art,  appoint  one  deputy  who  shall  ha\e  the  qualifications  of 

a  chemist;  said  deputy   shall   take  and    file  with   the  Secretary  of  State  an  oath   to 

faithfully  perforin  the  duties  of  said  office,  and  shall  receive  for  his  salary  the  sum 

of  one    thousand    t  w  o  hundred   dollars   per  annum,  and   shall    hold   his  office  during 
the  pleasure  of  said  commissioner,  and  the  said  deputy  shall  perform  such  duties  as 

said  commissioner  ma]  prescribe  for  carrying  <»ut  of a  the  provisions  of  this  act. 

8»  S  I  >■>•■■.  of  commissioner  defined  offia  at  Portland,  The  said  commissioner 
may  also  appoint  other  deputies  who  shall  take  and  idea  like  oath,  and  shall  hold 


in  Statutes. 


OREGON.  497 

their  office  during  the  pleasure  of  the  commissioner,  and  who  shall  perform  the 
duties  prescribed  by  the  commissioner,  and  who  shall  be  compensated  by  the  com- 
missioner. It  shall  be  the  duty  of  said  commissioner  to  vi^it  and  inspect,  in  person 
or  by  deputy,  every  creamery  and  cheese  factory  operated  within  the  State  of  Ore- 
gon, as  often  as  possible,  and  not  less  than  once  in  each  year,  and  he  shall  also  visit 
and  inspect  as  often  as  possible,  the  dairy  herds  of  the  State,  and  the  methods  of 
feeding,  caring  for,  and  stabling  the  same.  The  person  elected  as  Dairy  and  Food 
Commissioner  shall  collect  and  disseminate  such  information  as  is  calculated  to 
develop  the  dairy  industry  within  the  State.  The  said  commissioner  shall  establish 
his  office  in  the  City  of  Portland,  in  this  State,  and  shall  upon  complaint  being  made 
by  any  citizen  of  the  State  of  Oregon,  or  without  such  complaint  if  in  his  opinion 
necessary,  examine  into  any  case  of  violation  or  supposed  violation  of  the  provisions 
of  this  act,  or  any  of  them.  He  shall  keep  a  full  and  correct  account  of  all  business 
done  by  him,  or  his  deputies,  chemists,  or  agents,  and  report  the  same  to  the 
legislature. 

Sec.  4.  Adulterated  food — unlawful  to  manufacture  or  sell.  No  person  shall  within 
this  State  manufacture  for  sale,  have  in  his  possession  with  the  intent  to  sell,  offer, 
or  expose  for  sale,  or  sell  any  article  of  food  which  is  adulterated,  within  the  mean- 
ing of  this  act. 

Sec.  5.  What  the  term  shall  Include.  The  term  "  food,"  as  used  herein,  shall  include 
all  articles  used  for  food  or  drink,  or  intended  to  be  eaten  or  drunk  by  men,  whether 
simple,  mixed,  or  compound. 

Sec  6.  Adulteration  defined.  An  article  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  this  act: 

First.  If  any  substance  has  been  mixed  with  it  so  as  to  lower  or  depreciate,  or 
injuriously  affect  its  quality,  strength,  or  purity. 

Second.  If  any  inferior  or  depreciating  substance  has  been  substituted  wholly  or 
in  part  for  it. 

Third.  If  any  valuable  or  necessary  consistent «  or  ingredient  has  been  wholly  or  in 
part  abstracted  from  it. 

Fourth.   If  it  is  in  imitation  of  or  sold  under  the  name  of  another  article. 

Fifth.  If  it  contains  wholly «  or  any  part  of  the  diseased,  decomposed,  putrid, 
tainted  or  rotten  animal  or  vegetable  substance  or  article,  whether  manufactured  or 
not.     Or  in  case  of  milk,  if  it  is  the  product  of  a  diseased  animal. 

Sixth.  If  it  is  colored,  coated,  polished,  or  powdered,  whereby  a  damaged  or 
inferior  article  is  sold,  or  if  made  to  appear  better  or  of  greater  value  than  it  really  is. 

Seventh.  If  it  contains  any  added  substance  or  ingredients  which  is  poisonous  or 
injurious  to  health. 

Eighth.  Butter  that  contain.-  more  than  16  per  cent  water. 

Ninth.    Milk  that  contains  more  than  88  per  cent  water. 

Truth.   Milk  that  contains  less  than  3.2  per  cent  butter  fat. 

Eleventh.  Milk  that  contain-  leflfi  than  '.»  percent  solids,  other  than  butter  fat, 
and  less  than  1.038  Bpecific  gravity  after  the  cream  has  been  removed. 

Twelfth,    [ce  cream  that  contains  less  than  lL*  per  cent  butter  fat. 

Thirteenth.   Cream  that  contains  LeSB  than  '_'<>  per  cent  butter  fat. 

Fourteenth.  Evaporated  or  condensed  milk  and  cream  that  contains  less  than  l'l' 
per  cent  of  pore  milk  BOlids,  25  per  cent  of  u  Inch  -hall  be  pure  butter  fat:  provided, 
that  evaporated  condensed  milk  and  cream  that  contains  the  solid-  therein  provided 

may  be  labeled  "Evaporated  Cream." 

Provided,  that  nothing  in  this  act  shall  prevent  the  coloring  of  pure  butter  or 
cheese  with  harmless  coloring  of  which  annatto  is  the  principal  Ingredient;  provided 
further,  that  the  provisions  of  this  act  shall  not  apply  to  a  mixture  or  compound 


So  in  Statute-. 


498  FOODS    AND    FOOD    CONTROL. 

recognize!  as  ordinary  articles  or  ingredients  of  food  in  which  every  package  sold 
or  offeree!  for  Bale  has  the  name  and  address  of  the  manufacturer  and  be  distinctly 
labeled  tinder  it>  own  distinctive  name  and  in  a  manner  to  plainly  and  correctly 
show  that  it  is  a  mixture  or  compound. 

Sec.  7.  Butter — regulation  of  manufacture  and  sale.  It  shall  be  unlawful  for  any 
person  to  offer  or  expose  for  sale,  or  sell  reworked  butter  or  mixed  butter  unless  the 
same  is  plainly  marked  "process  butter,"  and  it  shall  be  unlawful  for  any  person  to 
offer  or  expose  for  sale  any  tub  or  packed  butter  remolded  into  prints,  or  rolls,  or 
squares,  unless  the  same  is  plainly  marked  "tub  butter,"  and  it  shall  be  unlawful 
tor  any  person  to  offer  or  expose  for  sale  reworked,  mixed,  or  remolded  butter,  and 
to  make  or  print  said  butter  with  the  stamp  of  any  creamery  or  with  the  words 
"  creamery  butter."  And  it  shall  be  unlawful  to  sell  or  expose  for  sale  any  diseased, 
unclean,  impure,  or  unwholesome  food  or  drink  of  any  description. 

Sac.  8.  Sale  of  adulterated  butter  prohibited — oleomargarine.  No  person  by  himself, 
or  his  agent  or  employe,  shall  render,  manufacture,  or  offer  for  sale,  expose  for  sale, 
take  orders  for  future  delivery,  or  have  in  his  possession  with  intent  to  sell,  or  sell  as 
butter,  any  article,  product,  or  compound  made  wholly  or  partly  out  of  any  fat,  oil, 
oleaginous  or  compound  thereof  not  directly  or  wholly  produced  from  pure,  unadul- 
terated milk,  or  cream  of  the  same,  which  has  been  or  is  colored  to  imitate  yellow 
butter  produced  from  pure,  unadulterated  milk  or  cream  of  the  same;  provided,  that 
nothing  of  this  act  shall  be  so  construed  as  to  prohibit  the  manufacture  or  sale  of 
oleomargarine  in  a  separate  and  distinct  form  in  such  manner  as  will  advise  the  con- 
sumer of  its  real  character,  free  from  coloring  matter  and  ingredients  causing  it  to 
look  like  butter. 

B»  .  ■'.  Processor  renoratnl  butter,  oleomargarine — notice  of  use  in  public  dining-room  a. 
In  any  public  dining  or  eating  room  where  oleomargarine  or  renovated  butter,  or 
process  butter  are  in  use,  the  bill  of  fare  shall  state  the  fact  in  the  same  size  type  as 
is  used  in  printing  the  body  of  said  bill  of  fare,  and  printed  notice  thereof  shall  be 
posted  in  a  conspicuous  place  in  said  dining-room  so  as  to  be  easily  and  readily  seen 
and  read  by  any  one  entering  such  room.  Such  notice  shall  be  in  letters  not  less 
than  one  inch  in  size  and  known  as  full-faced  type,  and  these  notices  shall  state  that 
oleomargarine  or  process  butter,  or  renovated  butter,  is  used  here,  as  the  case  may  be. 
Hi.  Creamery  regulations — products  to  be  stamped — storage  butter.  Any  person 
or  persons,  firm,  association,  or  corporation  who  shall,  within  the  State  of  Oregon, 
manufacture  butter  under  the  separator  process,  for  sale  in  said  State,  shall  apply  to 
the  Oregon  Dairy  and  Food  Commissioner  for  a  stencil  or  plate  with  the  number  of 
tie'  creamery  and  the  name  of  the  manufacturer  and  where  manufactured,  and  the 
words  "Oregon  Creamery  Cutter.  Full  Weight."  And  on  each  box  of  butter  so 
manufactured  for  sale  in  the  State  of  Oregon  there  shall  be  an  impression  from  said 
stencil  or  said  plate  shall  I  e  attached  thereto;  and  each  roll  or  square  of  butter  SO 
manufactured  for  -ale  in  the  State  of  Oregon  shall  bear  a  wrapper  upon  which  shall 
be  the  number  of  the  creamery  and  where  manufactured  and  the  words  "Oregon 
Creamery  Butter,  Full  Weight,"  and  the  number  of  ounces  in  such  roll  or  square, 
and  a  device  or  motto  to  be  adopted  and  furnished  by  the  Oregon  Dairy  and  Food 
Commissioner,  and  such  device  or  motto  shall  be  known  as  the  "Oregon  state 
Brand";  provided,  thai  all  butter  that  has  been  in  cold  storage  for  thirty  days,  or 

butter  that  is  sold  a-  a  B6COnd  or  third  grade  shall  not  be  Bold  in  wrappers  bearing 
the  ( Oregon  State  brand.  All  butter  with  the  State  brand  label  placed  in  cold  storage 
shall  base  the  date  when  stored  stamped  in  plain  letter-  and  figures  on  each  box. 

-i'.  ii.  Imitation  butter  dealers  to  keep  sal,  book.  Every  person  or  persons,  firm, 
or  corporation  who  sells  oleomargarine,  butterine,  or  any  imitation  butter  whatso- 
ever, or  other  imitation  dair\  products,  renovated  or  process  butter  in  this  State  shall 
keep  a  sale  book  in  which  all  sales  shall  be  entered  at  the  time  of  sale;  said  sale  l>ook 
shall  stat.'  th.-  amount  sold  and  the  date  of  sale,  together  wit!)  the  nameand  address 


OREGON.  491) 

of  the  purchaser,  and  said  book  shall  be  open  to  the  inspection  of  the  Dairy  ami 
Food  Commissioner  or  his  deputy  at  all  times. 

>kc  12.  Butter  made  in  other  States — unlawful  to  sett  as  Oregon  product.  It  shall  be 
unlawful  for  any  person  or  persons,  firm,  or  corporation  to  offer  or  expose  for  sale  in 
the  State  of  Oregon  any  butter  put  up  in  rolls  or  squares  made  in  any  State  (other 
than  Oregon)  in  wrappers  bearing  the  Oregon  State  brand  or  the  words  "Oregon 
Creamery,"  or  any  other  words  that  will  imply  said  butter  was  made  in  Oregon. 

Sec.  13.  Sale  of  adulterant*  and  chemicals  prohibited.  No  person,  firm,  or  corporation 
shall  manufacture  for  sale,  advertise,  offer  or  expose  for  sale,  or  sell  any  mixture  or 
compound  intended  for  use  as  an  adulterant  of  or  preservative  of  milk,  butter,  or 
cheese,  nor  shall  any  person,  firm,  or  corporation  add  to  milk,  or  butter,  or  cheese, 
or  during  the  process  of  their  manufacture,  any  borax,  boric  acid,  dalicyclic"  acid, 
formaldehyde,  formalin,  or  any  other  substance  or  substances  in  the  nature  of  adul- 
terants, antifennents,  or  preservatives:  provided  however,  that  this  section  shall  not 
apply  to  pure  salt  added  to  butter  and  cl 

.  14.  Rolls  and  square* — weights.  Every  square  or  roll  of  butter  kept  exposed 
or  offered  for  sale  or  sold  in  the  State  of  Oregon  shall  contain  not  less  than  eight 
ounces,  sixteen  ounces,  or  thirty-two  ounces,  and  each  square  or  roll  shall  be  plainly 
marked  with  the  number  of  ounces  they  contain. 

Sec  15.  Creamery  label.  It  shall  be  unlawful  for  any  person  to  use  the  brand  or 
label  of  any  other  creamery  or  dairyman  without  his  consent  for  the  purpose  of  sell- 
ing the  butter  of  any  other  creamery  or  dairyman. 

Sec  16.  Filled  cheese.  Any  person  who  sells  or  has  in  his  possession  with  intent 
to  sell  any  substance  in  imitation  of  cheese  not  made  exclusively  and  wholly  of  milk 
or  cream  with  salt,  rennet,  and  with  or  without  harmless  coloring  matter  and  con- 
taining any  fats,  oils,  or  grease,  not  produced  from  milk  and  cream,  shall  have  the 
words  "Filled  Cheese"  stamped  or  printed  thereon  in  a  conspicuous  manner. 

8bc.  17.  Grade  of  cheese;  brand.  Every  person  or  persons,  firm,  association  or  cor- 
poration who  shall  at  any  creamery,  cheese  factory,  or  private  dairy,  manufacture 
cheese  in  the  State  of  Oregon  shall,  at  the  place  of  manufacture,,  brand  distinctly  and 
durably  on  the  bandage  of  every  cheese  and  box  containing  the  saine,  the  true  grade 
of  said  cheese  as  follows,  to-wit:  "Oregon  Full  Cream  Cheese,"  or  "Oregon  Half 
Skimmed,"  "Oregon  Quarter  Skimmed  Cheese,"  or  "Oregon  Skimmed  Cheese, 
the  case  maybe.  Full  cream  cheese  shall  contain  not  less  than  30  fr  butter  fat; 
cheese  that  contains  15%  butter  fat  and  under  30$  shall  be  known  as  half  skimined 
cheese.  Cheese  that  contains  ~\(/c  butter  fat  and  under  1-W  shall  be  known  as 
three-quarter  skimmed  cheese;  cheese  that  contains  less  than  7\%  butter  fat  shall 
be  known  as  skimmed  cheese:  provided,  nothing  in  this  section  shall  be  construed 
to  apply  to  "Edam,"  "  Brickstein,"  "Pineapple,"  "Limburgi  -       -."  or  hand- 

made cheese  not  made  by  the  ordinary  Cheddar  process. 

.  18.  Cheese  labels  for  retailing.  All  cheese  offered  for  sale  at  retail  shall  bear  a 
label  or  placard  containing  letters  not  less  than  one-half  inch  in  height  setting  forth 
whether  such  cheese  is  " Full  ( 'ream."  "Half  Skimmed,"  "Quarter  Skimmed," 
or  "Skimmed,"  according  to  the  percentage  of  butter  fat  therein  contained,  as  pro- 
vided in  section  17  of  this  act      But  this  section  shall  qo1  apply  to  "  Edam,"  '"  Brick- 

stein,"  "Pineapple,"  "Limburger,"  "Swiss,"  or  hand-made  cheese  not  made  by  the 
ordinary  Cheddar  pro< 

19.  Manufacturers  of  butter  and  chees*  to  make  annual  report.  Every  person  or 
company  who  manufactures  for  sale  in  quantities  exceeding  twenty-five  pounds  pet- 
week,  butter  or  chee-e  in  this  Mate,  shall  reporl  to  the  hairy  and  .inis- 
-ion.-r  annually  at  the  and  of  each  year  a-  follows: 

First  Name  and  address  of  manufacturer. 

Second.  Name  and  address  ol  owner  or  owners  of  i 


Statutes. 


500  FOODS    AND    FOOD    CONTROL. 

Third.  Number  of  pounds  milk  and  cream  purchased. 

Fourth.  Total  number  of  pounds  milk  or  cream  used  in  the  manufacture  of  butter 
and  the  number  of  pounds  used  in  the  making  of  che. 

Fifth.  Number  of  pounds  of  butter  and  cheese  made. 

Sixth.  Number  of  pounds  of  butter  and  cheese  sold;  provided,  that  the  amount  of 
butter  and  cheese  made  by  any  such  person  shall  not  be  published  if  the  maker 
requests  that  it  shall  not  be  done. 

Sec.  20.  Cheese  factories  to  procure  stencils.  Every  person,  tirm.  or  corporation,  or 
voluntary  association  who  shall  manufacture  cheese  in  the  State  of  Oregon  shall 
apply  to  the  Oregon  Dairy  and  Food  Commissioner  for  a  stencil  giving  the  number 
of  the  factory  and  quality  or  grade  of  cheese  as  provided  in  section  17  of  this  act, 
and  each  box  of  cheese  sold  or  offered  for  sale  shall  bear  the  impression  from  the 
said  stencil  on  the  side  of  box  and  each  cheese. 

Sec  21.  Sanitation  of  con-  stables.  When  cows  are  kept  by  any  person  for  dairy 
purposes,  either  for  butter  or  for  cheese  or  for  the  production  of  milk  or  cream  for 
sale,  and  are  confined  in  stables,  such  cows  so  confined  shall  each  be  allowed  at 
hast  eight  hundred  cubic  feet  of  airspace,  and  such  cows  so  stabled  shall  not  be 
confined  facing  each  other  closer  than  ten  feet,  and  all  stables  where  such  cows  are 
kept  shall  be  well  ventilated  and  kept  in  a  good  healthful  condition,  and  if  there  be 
any  suspected  diseased  cows  or  other  animals  belonging  to  or  about  any  dairy,  said 
Dairy  and  Food  Commissioner  shall  notify  the  State  Veterinarian.  And  if  any  dairy 
as  above  stated  is  found  to  be  in  a  filthy  or  unhealthy  condition,  the  Dairy  and  Food 
Commissioner  shall  notify  the  proprietor  that  said  dairy  must  be  put  in  a  healthful 
condition;  and  in  the  event  of  the  failure  of  said  proprietor  to  put  said  dairy  in  a 
healthful  condition  within  a  reasonable  time  from  the  receipt  of  said  notice,  he  or 
they  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  as  herein 
provided. 

Sec.  22.  Milk  dairies;  inspection;  certificates.  Every  person,  firm,  or  corporation 
engaged  in  the  sale  of  milk  or  cream  in  any  city  of  10,000  or  more  inhabitants,  who 
keeps  a  cow  or  cows  for  the  purpose  of  selling  milk  therefrom  therein,  shall,  on  the 
first  day  of  April  each  year,  apply  to  the  Dairy  and  Food  Commissioner,  or  inspec- 
tors appointed  by  him,  for  a  certificate  of  inspection,  and  shall  pay  the  sum  of  $2.50 
for  the  same;  provided  always,  that  this  certificate  can  be  revoked  at  any  time  by 
said  commissioner  or  inspector  when  said  dairy  is  found  not  to  be  in  a  proper  condi- 
tion as  to  healthfulnesfi  of  the  cow  or  cows,  or  as  to  cleanliness  and  proper  sanitary 
regulations  of  the  stables,  buildings,  or  grounds  in  which  said  cows  are  Kept  No 
certificate  shall  be  issued  to  any  person,  linn,  or  corporation,  as  provided  iii  this  sec- 
tion, where  the  same  has  been  revoke.!,  without  payment  of  $2.50  for  the  same. 
Each  and  every  certificate  issued  as  provided  in  this  section  shall  be  in  the  name  ami 

owner  of  the  person,  firm,  or  corporation  and  shall  be  numbered,  and  the  number 
corresponding  to  the  one  on  the  certificate  shall  be  placed  in  a  conspicuous  place  on 

the  wagOD  or  vehiele  used  by  said  person,  linn,  or  corporation. 

Sec.  23.  Penalty.  Any  person,  firm  or  corporation  who  offers  for  sale  or  sells  milk 
who  has  not  procured  a  certificate  as  provided  in  section  22,  or  whose  certificate  lias 
been  revoked,  shall  be  guilty  of  misdemeanor  and  lined  as  provided  for  in  this  act; 
provided,th&\  any  incorporated  city  of  less  than  10,000  inhabitants  may,  upon  the 
requesi  of  its  mayor,  council,  hoard  of  aldermen,  or  board  of  health,  made  to  the 
the  state  Pood  ami  Dairy  Commissioner,  come  within  the  provision  of  section  l'l'  of 
this  act 

8bo.  24.  Babcock  test;  falsi  determinations  unlawful.  It  shall  be  unlawful  for  the 
ow  ner,  manager,  agent  <>r  any  employe1  of  a  creamery,  cheese  or  condensed  milk  fac- 
tory to  manipulate,  or  under-read,  or  over-read  the  Babcock  test,  or  any  other  con- 
trivance used  for  determining  the  quality  or  value  of  milk  or  ••ream,  or  to  make  any 
false  determination  by  said  Babcock  teal  or  otherwise. 


OEEGON.  501 

Sec.  25.  Adulterated  milk;  penalty.  Any  person  who  shall  be  convicted  of  selling 
adulterated  milk  under  the  provisions  of  this  act  shall  upon  the  first  conviction  be 
fined  S25;  upon  the  second  conviction  850;  upon  the  third  conviction  $100;  and  shall 
upon  every  subsequent  conviction  be  fined  $100  and  suspended  from  selling  milk, 
either  retail  or  wholesale,  for  one  year. 

Sec.  26.  Imitating  or  counterfeiting  teal.  Whoever  makes,  causes  to  be  made,  uses 
or  has  in  his  possession,  any  imitation  or  counterfeit  of  the  seal  used  by  any  inspec- 
tor of  milk,  or  other  officer  engaged  in  the  inspection  of  milk,  or  whoever  changes 
or  tampers  with  the  sample  taken  on  said  seal  as  provided  in  this  act,  shall  be  pun- 
ished as  provided  in  this  act. 

Sec.  27.  Mi Ik  inspector;  violation  of  duty;  how  punished.  An  inspector  of  milk  or 
his  agent,  who  unlawfully  connives  at  or  assists  in  the  violation  of  the  provisions  of 
this  act,  or  whoever  hinders  or  interferes  with  an  inspector  of  milk  or  agent  in  the 
performance  of  his  duty,  shall  be  punished  by  a  fine  as  provided  in  this  act. 

.  28.  Milk  dealers  to  register;  license.  Every  person  shall  before  selling  milk  or 
offering  it  for  sale  in  a  store,  booth,  stand,  or  market  place  in  any  city  or  town  in 
which  an  inspector  of  milk  is  appointed,  shall  "  register  in  the  books  of  such  inspector 
or  commissioner  his  name  and  proposed  place  of  business,  and  shall  pay  to  him  fifty 
cents  for  said  license. 

Sec.  '29.  Milk  taken  for  analysis;  duly  of  officer.  An  officer  of  the  State  Board  of 
Health  of  [or]  the  Dairy  and  Food  Commissioner,  inspector,  or  other  State,  city,  <»r 
town  officer  who  obtains  a  sample  of  milk  for  analysis,  shall  within  ten  days  alter 
obtaining  the  result  of  said  analysis  send  it  to  the  person  from  whom  the  sample  was 
taken  or  to  the  person  who  is  responsible  for  the  condition  of  such  milk,  provided 
that  nothing  in  this  act  shall  prohibit  any  person  or  persons  from  whom  samples  are 
taken  for  proof  and  analysis  requiring  the  State  Dairy  and  Food  Commissioner  to 
leave  a  similar  sample  with  said  person  or  persons  duly  sealed  with  the  seal  of  the 
Food  and  Dairy  Commissioner. 

Sec.  30.  Prosecution -of milk  producer.  A  producer  of  milk  shall  not  be  liable  to 
prosecution  for  the  reason  that  the  milk  produced  by  him  is  not  of  good  standard 
quality,  unless  such  milk  was  taken  from  his  premises  or  while  in  possession  or  under 
his  or  his  agent's  control  by  an  inspector  of  milk  or  agent  of  the  Dairy  and  Food 
Commissioner,  or  of  the  State  Board  of  Health,  and  a  sealed  sample  thereof  was 
given  to  him  if  requested. 

Sec.  .SI.  Stencils  for  butter  and  cheese  factories.  Every  butter  or  cheese  manufac- 
turer who  applies  to  the  state  Dairy  and  Food  Commissioner  for  stencils  or  plates  as 
provided  in  any  section  of  this  act  Bhall  pay  the  sum  of  one  dollar  for  each. 

32.  Unclean^  impure^  and  unwholesonu  milk  defined.  In  all  prosecutions  under 
the  provisions  of  this  act  relating  to  the  sale  of  diseased  foods,  or  that  which  is 
unclean,  impure,  and  unwholesome;    milk   drawn    from    COWS  for  fifteen  days  next 

before  and  five  'lays  next  after  parturition;  or  from  cows  fed  on  unwholesome  1 1: 

or  any  calf  thai  has  been  slaughtered  under  the  age  of  four  weeks,  Bhall  be  deemed 
and  declared  unclean,  impure,  and  unwholesome. 

3»  33.  Adulterated  food  notice  in  public  dining  rooms.  In  any  public  dining  or 
eating  room  where  adulterated  food  or  drink  are  used,  the  bill  of  fare  Bhall  state  the 
fact-  in  the  same  sized  type  as  used  in  printing  the  body  of  said  bill  of  fare,  or,  if  do 
bill  of  fare  is  used,  then,  and  in  that  case,  printed  notices  thereof  shall  be  posted  in 

■  conspicuous  place  iii  said  dining  room,  bo  as  to  be  easily  seen  by  any  one  entering 

such  room,  in  which    notices  shall  be  Stated    in   large  letters  the  fact  that  adulterated 

1 1-  and  drinks  are  being  used  for  food,  or  food  and  drink. 

Bec.    I'i.    False  labels;    penalty.      Whoever    shall    falsely    brand,    mark,   stencil,   or 

label  any  article  required  bj  this  act  to  be  branded,  marked,  etc.  or -hall  remove, 

Bo  in  Statufc 


502  FOODS    AND    FOOD    CONTROL. 

alter,  deface,  mutilate,  obliterate,  imitate,  or  counterfeit  any  brand,  mark,  stencil, 
or  label  so  required,  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  as  pro- 
vided in  this  act 

8b  .  47.  American  and  foreign  product;  label.  It  shall  be  unlawful  to  label  any 
American  manufactured  food  product  with  any  label  which  purports  or  implies  that 
the  product  was  made  in  a  foreign  country. 

Sec  49.  Pure  food  fund;  disbursements.  In  all  prosecutions  under  this  act,  the  fine 
or  fines  collected  by  and  under  the  same  shall  be  transmitted  by  the  officer  collect- 
ing the  same  to  the  State  Treasurer  at  the  State  Capitol,  and  shall  be  kept  by  the 
State  Treasurer  in  a  separate  fund  to  be  known  as  the  pure  food  fund,  and  the  State 
Treasurer  shall  forward  to  the  person  remitting  any  such  fine  a  proper  receipt.  Said 
pure  food  fund  shall  be  subject  to  orders  drawn  against  the  same  by  the  said  Dairy 
and  Food  Commissioner  for  the  purpose  of  enforcing  the  provisions  of  this  act.  Said 
commissioner  shall  not  draw  against  said  fund  except  for  the  purpose  of  carrying 
out  the  provisions  of  this  act,  nor  shall  he  draw  any  order  against  said  fund  in 
S  of  the  money  actually  in  the  hands- of  the  State  Treasurer  to  the  credit  of  said 
fund.  In  his  regular  reports  to  the  legislature,  the  said  commissioner  shall  render 
a  full  statement  of  the  receipts  and  disbursements  of  the  pure  food  fund,  and  the 
purpose  for  which  said  fund  has  been  disbursed.  All  licenses,  fees,  and  payments 
made  to  said  commissioner  shall  be  disposed  of  and  accounted  for  in  the  same  man- 
ner as  such  fines. 

50.  Seizure  of  articles  by  commissioner;  removal  or  concealment  of  label.  It  shall 
be  the  duty  of  the  Oregon  Dairy  and  Food  Commissioner  to  seize  and  hold  any 
article  of  food  or  drink  sold,  or  kept,  or  offered  for  sale  in  violation  of  any  of  the 
provisions  of  this  act  until  the  true  character  thereof  may  he  determined  in  a  judicial 
proceeding,  if  any  person  shall  have  been  arrested  for  having  in  his  possession  for 
sale,  or  selling  or  offering  for  sale  such  article;  and  if  no  person  shall  have  been 
arrested,  then  by  chemical  analysis  or  other  means  to  be  determined  by  said  com- 
missioner or  his  deputy;  and  if  any  seized  article  be  found  to  be  unwholesome  or 
unfit  for  food,  said  commissioner  shall  cause  the  same  to  be  destroyed.  If  any  seized 
article  be  found  adulterated  or  prepared,  or  labeled  in  violation  of  this  act,  not  being 
unwholesome  or  unfit  for  food,  and  said  commissioner  shall  brand  or  mark  each 
package  thereof  with  its  true  character,  and  return  the  same  to  the  person  from 
w  hose  i"  issession  it  was  taken;  in  case  any  seized  article  be  determined  to  be  a  char- 
acter not  contrary  to  any  of  the  provisions  of  this  act,  the  same  shall  be  returned  to 
the  possession  of  the  person  from  whom  the  same  was  taken.  It  shall  be  unlawful 
for  any  person  to  remove  or  deface  or  conceal  any  brand  or  label  placed  upon  the 
article  by  the  Dairy  and  Food  Commissioner  under  the  provisions  of  this  section,  or 
to  sell  or  offer  for  sale,  or  have  in  his  possession  for  sale  any  article  so  marked  or 
labeled  without  exhibiting  such  mark  or  label  to  the  \ iew  of  the  public;  otherwise 

disposition  shall  be  made  Of  the  seized  property  by  order  of  the  court. 

61.  Cooperation  of  railroad  or  transportation  companies.  Every  railroad  com- 
pany or  transportation  company  in  this  state,  upon  application  of  the  I  tairy  and  food 
Commissioner,  [or]  his  authorized  agent,  shall  give  the  name  and  address  of  any 
shipper  ni  consignee  of  any  supposed  diseased  or  unwholesome  meats  or  food  of 

any  kind. 

62.  Chemist  taU  agricultural  coUegi  to  make  analysis.  It  shall  he  the  duty  of 
the  chemist  of  the  state  agricultural  college  to  correctlj  analyse  any  and  all  of  the 

substances  the  said  c missioner  may  send  him,  and  the  certificate  of  analysis  of 

said  chemist  duly  signed  by  him  shah  be  primafacie  evidence  in  all  conn-  of  Justice; 
provided,  howevi  r,  thai  the  testing  of  milk  and  cream  shall  be  done  by  the  Dairy  and 
Food  Commissioner  and  the  certificate  of  said  commissioner  as  to  any  Buch  test, 
duly  signed  by  him,  shall  also  be primafacu  evidence  in  all  courts  of  justice  of  the 

facts  therein  stated. 


OREGON.  503 

Bbc.  53.  Inspection  authority.     The  said  commissioner  or  his  deputies,  and  such 

experts  and  chemists  as  said  commissioner  shall  duly  authorize  for  the  purpose,  shall 
have  access  to,  egress  and  ingress  to  all  places  of  business,  factories,  stores,  farm 
buildings,  carriages,  cars,  vessels,  and  implements  used  in  the  manufacture,  produc- 
tion, or  sale  of  any  foods  or  drinks;  and  they  shall  also  have  the  power  and  authority 
to  open  any  package,  case,  or  vessel  containing  such  articles  which  may  be  manufac- 
tured, kept,  exposed,  or  offered  for  sale,  or  sold,  and  any  manufacturer,  dealer,  hotel 
or  restaurant  keeper  shall  deliver  to  the  commissioner  or  his  deputy  any  sample  of 
food  or  drinks  for  analyzing  or  testing  upon  a  tender  of  the  price  thereof  in  money. 

8ec  57.  Conflicting  laws  repealed.  That  an  act  entitled  "An  act  to  provide  for  the 
election  of  an  Oregon  Dairy  and  Food  Commissioner,  and  to  prescribe  his  duties  and 
qualifications,  and  to  prevent  the  production  and  sale  of  unwholesome  food,  drink, 
medicines,  and  fertilizers:  and  to  repeal  an  act  entitled  'An  act  to  prevent  the  pro- 
duction and  sale  of  unwholesome  foods  and  medicines,  and  to  regulate  the  sales  of 
adulterated  foods,  drinks,  medicines,  and  fertilizers.'  "  approved  February  16,  1899, 
and  to  repeal  an  act  to  provide  for  the  election  of  an  Oregon  Dairy  and  Food  Com- 
missioner, prescribing  his  duties  and  fixing  his  salary,  and  to  provide  for  the  pay- 
ment of  his  expenses,  and  for  the  appointment  of  other  deputies  of  the  Dairy  and 
Food  Commissioner;  to  regulate  the  manufacture  and  sale  of  food,  drinks,  medi- 
cines, and  fertilizers;  to  define  what  shall  constitute  adulterated  food,  drink,  and 
medicines,  or  fertilizers;  to  provide  for  the  regulation  of  dairies  and  the  proper 
stabling  of  dairy  cows,  and  the  manufacture  and  sale  of  dairy  products;  to  regulate 
the  sale  of  process  butter  and  compound  resembling  butter,  and  imitation  dairy  pro- 
ducts, approved  February  27,  1901;  and  to  provide  penalties  for  the  violation  of  this 
act;  to  create  a  pure  food  fund,  and  declaring  an  emergency;  and  all  acts  and  parts 
of  acts  in  conflict  with  the  provisions  of  this  act,  to  wit:  Chapter  III  of  Title  XXXV 
of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Oregon,  being  sections 
3766,  3767,  3768,  3769,  3770,  3771,  3772,  3773,  3774,  3775,  3776,  3777,  3778,  3779,  3780, 
3781,  3782,  3783,  3784,  3785,  3786,  3787,  3788,  3789,  3790,  3791,  3792,  and  3793,  be  and 
the  same  are  hereby  repealed. 

Bbc.  58.  Appropriation.  That  there  be*and  hereby  is  appropriated  annually,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  the  sum  of  $4,400  for  the  pur- 
poses of  this  act. 

Bn  .  59.  Musi  not  be  interested  in  business.  It  shall  be  unlawful  for  the  Dairy  and 
Food  Commissioner,  or  any  deputy,  chemist,  clerk,  or  assistant  under  him,  to  be 
directly  or   indirectly    interested    in   any  manner   a<    proprietor,  partner,  salesman, 

■gent,  or  employe*  in  the  manufacture,  sale,  handling,  or  snipping  of  any  food,  drink, 

or  dairy  product. 

60.  /''  naUies;  jurisdiction  Any  person  violating  any  of  the  provisions  of  this 
act  where  the  punishment  is  not  already  provided  shall  he  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  he  punished  by  a  fine  of  not  Lees  than 

*!'.">  nor  more  than  spin,  or  he  imprisoned  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  six  months,  or  both.  Justices'  courts  shall  have  concurrent  jurisdic- 
tion of  all  cases  arising  under  this  act 

Filed  February  22,  1906.     Laws  of  1905,  ch.  209,  pp.  348-968. 
FLAVORING   EXTRACTS  AND  8PK  1  - 

.42.  Spices  and  condiments  defined.  The  term  "spices  and  condiments."  u 
used  here,  shall  include  all  Bubstances  know  n  and  recognized  in  commerce  a-  spices 
and  used  as  condiments,  whether  in  their  natural  state  or  in  the  form  which  would 


9ee  also  Dairy  Products  for  general  provisions,  penalties,  appropriations,  etc., 
applying  also  to  these  sections. 

10945     No.  89,  pi  6—06 1 


504  FOODS     AND    FOOD    CONTROL. 

result  from  the  grinding,  nulling,  or  mixing,  or  the  compounding  of  the  nature 

product. 

Sec.  43.  Label  of  adulterated  fluid  extracts.  All  fluid  extracts  sold  or  offered  for 
sale  n  this  State,  if  not  pure,  shall  be  labeled  "  adulterated"  on  the  cartoon"  in  which 
the  same  is  kept  for  sale,  and  also  on  the  bottle  containing  the  same,  in  the  same 
sized  letters  as  the  other  lettering  thereon  with  the  per  cent  of  adulteration. 

Sbc.  44.  Label  of  adulterated  spice.  Any  person  selling  or  delivering  any  Bpice  or 
condiment  adulterated  as  hereinbefore  defined,  shall  label  on  the  outside  and  face  of 
each  package  containing  the  same,  upon  the  background  of  a  single  color,  in  the 
English  language,  and  in  legible  type  no  smaller  than  double  pica,  the  name  and 
location  of  the  manufacturer  or  person,  firm,  or  corporation  manufacturing  same,  and 
the  words  "mixture"  and  "adulterated,"  and  the  common  English  name  of  the 
spice  or  condiment  which  said  box  or  package  contains;  also  the  net  weight  of  the 
package  shall  be  printed  on  the  label. 

Sec.  45.  Possession  of  unlabel  d  articles.  Any  person  having  in  their  possession  any 
article  adulterated  as  herein  described  and  not  labeled,  is  prima  facia0  evidence  of  a 
violation  of  this  act. 

Filed  February  22,  1905.     Laws  of  1905,  ch.  209,  pp.  358-359. 

FRUIT. 

4104.  Infected  fruit  prohibited.  It  shall  be  unlawful  for  any  person,  firm,  or  cor- 
poration to  import  or  sell  any  infected  or  diseased  fruit  of  any  kind  in  the  State  of 
Oregon. 

411)5.  State  or  interstate  commerce  in  infected  fruit  a  misdemeanor.  Every  person  who 
packs  or  prepares  for  shipment  to  any  point  within  the  state,  or  who  delivers  or 
causes  to  be  delivered  to  any  express  agent  or  railroad  agent  or  other  person,  or  to 
any  transportation  company  or  corporation,  for  shipment  to  any  point  without  the 
state,  any  fruit  or  fruits,  either  fresh,  cured,  or  dried,  that  is  infected  with  insect 
pests  or  diseases  injurious  to  trees,  shrubs,  plants,  fruits,  or  vegetables,  is  guilty  "fa 
mi-demeanor. 

411)(>.  Penalty.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-live  dollars  nor  more  than  one 
hundred  dollars. 

4197.  Prosecution.  It  shall  be  the  duty  of  the  commissioner  of  the  state  board  of 
horticulture  of  the  district  in  which  a  violation  of  this  act  occurs  t<.  present  the  evi- 
dence of  the  case  to  the  district  attorney,  whose  duty  it  shall  he  to  prosecute  any 
person  guilty  of  a  violation  of  this  act,  which  prosecution  may  be  brought  in  any 
of  the  justice  COUrtS  of  this  state 

Bellinger  and  Cotton's  Annotated  Codes  and  Statutes.  L902,  vol.  2,  ch.  .">.  pp. 
L38&-1390. 

JELLIES,  PRESERVES,  ETC.  '> 

34.   Fmit  jellies;  imitations  must  /„■  plainly  labeled.    No  person  shall  manu- 
facture for  gale,  sell,  offer  or  expose  for  sale,  or  sell,  as  fruit  jelly  or  fruit  butter,  any 

jelly  01   imitation    fruit    butter,  or  similar  compound  made  or  compounded  in  whole 
or  in  part  glucose,  dextrin,  starch,  or  other  substance.-,  and   colored   in   imitation   of 

fruit  jelly  butter;  nor  shall  any  such  jelly,  omit  butteror  compound  be  manufactured 
or  sold  under  any  name  or  designation   whatever,  mile—  the  same  be  composed 

So  in  Statu*' 

''See  also  Dairy  Products  for  general  provisions,  penalties,  appropriations,  etc, 
applying  also  to  these  section-. 


OREGON.  505 

entirely  of  ingredients  not  injurious  to  health,  and  not  colored  in  imitation  of  fruit 
jelly,  and  every  can,  pail,  or  package  of  such  jelly  or  butter  sold  in  this  State  shall 
be  distinctly  and  durably  labeled  "imitation  fruit  jelly  or  butter,"  and  state  the 
percentage  of  the  various  ingredients  contained  therein,  and  the  place  where  made, 
and  name  of  manufacturer. 

Sec.  35.  Adulterated  jellies;  users  of  must  post  notice.  Any  baker  or  other  manu- 
facturer of  cakes,  pies,  or  other  foods,  who  uses  or  incorporates  in  such  cakes,  pies 
or  other  foods,  any  jellies  or  fruit  juices  than  that  of  pure  fruit,  shall  place  a  con- 
spicuous notice  in  his  place  of  business  stating  that  adulterated  jellies  and  fruit  juices 
are  used;  provided,  that  this  section  shall  apply  to  all  restaurants  or  public  eating 
houses  who  sell  or  serve  cakes,  pies  or  other  foods  in  which  said  imitation  jellies  or 
fruit  juices  are  used. 

Sec.  36.  Preserved  and  canned  fruits.  No  packer  or  dealer  in  preserved  or  canned 
fruits,  vegetables,  or  other  articles  of  food,  shall  sell  or  offer  for  sale,  such  canned 
articles,  unless  such  articles  shall  be  entirely  free  from  substances  or  ingredients 
deleterious  to  health. 

Sec.  37.  Pickles  and  sauces.  Pickles  and  fruit  sauces  shall  contain  no  other 
sweetening  matter  than  pure  sugar. 

Filed  February  22,  1905.     Laws  of  1905,  ch.  209,  pp.  356-357. 

MAPLE  SYRUP.  " 

Sec  41.  Labeling  of  maple  syrup.  All  maple  syrup  put  up  for  sale  that  contains  any 
other  ingredient  than  pure  maple  sugar  shall  bear  but  one  label,  which  label  shall 
truly  state  the  percentage  of  the  various  substances  contained  therein  from  which 
said  maple  syrup  is  made,  in  type  of  equal  size  with  any  on  said  label. 

Filed  February  22,  1905.     Laws  of  1905,  ch.  209,  p.  358. 
SALMON   AND  STURGEON. 

401)1.  License.  It  shall  be  unlawful  for  any  person  or  persons,  firm,  or  corporation 
to  engage  in  the  business  of  packing  or  dealing  in  salmon  fish  or  sturgeon  within  the 
State  of  Oregon  without  having  obtained  a  license  therefor  from  the  fish  warden  as 
hereinafter  provided.  All  licenses  issued  under  the  provisions  of  this  act  shall 
expire  on  the  thirty-first  day  of   December  following  the  issuance  of  such  license. 

4(M>4.  Lu  ,  ,,.--.  f,  esfor  96  classes  <>(  canru  /■.-•.  Any  person,  firm  or  corporation  engaged 
in  the  business  of  canning  fresh  salmon  in  hermetically  sealed  tins  or  cans  in  this 
State  shall  pay  license  fees  as  follows:  Those  of  the  first  class,  $100;  second  cla«s, 
1150;  third  class,  $200;  fourth  class,  $250;  fifth  class,  $300;  sixth  class.  $350;  seventh 
class,  $400;  eighth  class,  $450;  ninth  class,  $500;  tenth  class,  $550;  eleventh  class, 
$600;  twelfth  class,  $650;   thirteenth  class,  $700;   fourteenth  class,  $760;   fifteenth 

daSS,  $800;    sixteenth    class,  $850;    seventeenth    class,  $900;     eighteenth    class.    - 

nineteenth  class,  $1,000;  twentieth  class,  $1,050;  twenty-first  class,  $1,100;  twenty- 
second  class,  $1,160;  twenty-third  class,  $1,200;  twenty-fourth  class,  $1,900;  twenty- 
fifth  class,  $1,600.  ( burners  of  the  first  class  are  those  \\  hose  pack  of  salmon  fish  fog 
the  year  next  preceding  the  year  thai  the  license  is  applied  fordoes  cot  exceed  5,000 
of  sah i,  forty-eighl  pounds  to  the  case.  Those  of  the  second  class  are  can- 
cers whose  pack  for  the  year  next  preceding  the  year  the  license  is  applied  for 
exceeded  5,000  cases,  but  did  not  exceed  7,500  cases  of  salmon,  forty-eight  pounds,  to 
the  case.  Those  of  the  third  class  are  canners  \\  hose  pack  for  the  year  next  preced- 
ing the  year  the  license  is  applied  for  exceeded  7, .'.no  cases,  but  did  Dot  exceed  10,000 

e  also  Hairy  Products  for  genera]   provisions,  penalties,  appropriations,  etc  . 
applying  also  to  these  sections, 


506  FOODS  AND  FOOD  CONTROL. 

cases,  forty-eight  pounds  to  the  case.  Those  of  the  fourth  class  are  canners  whose 
pack  for  the  year  next  preceding  the  year  the  license  is  applied  for  exceeded  10,000 
cases,  but  did  not  exceed  12,500  cases  of  salmon,  forty-eight  pounds  to  the  case. 
Those  of  the  fifth  class  are  canners  whose  pack  for  the  year  next  preceding  the  year  the 
license  is  applied  for  exceeded  12,500,  but  did  not  exceed  15,000  cases  of  salmon,  forty- 
eight  pounds  to  the  case.  Those  of  the  sixth  class  are  canners  whose  pack  for  the 
year  next  preceding  the  year  the  license  is  applied  for  exceeded  15,000  cases,  but  did 
not  exceed  17,500  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  seventh 
class  are  canners  whose  pack  for  the  year  preceding  the  year  the  license  is  applied 
for  exceeded  17,500  cases,  but  did  not  exceed  20,000  cases  of  salmon,  forty-eight 
pounds  to  the  case.  Those  of  the  eighth  class  are  canners  whose  pack  for  the  year 
next  preceding  the  year  the  license  is  applied  for  exceeded  20,000  cases,  but  did  not 
exceed  22,500  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  ninth 
class  are  canners  whose  pack  for  the  year  next  preceding  the  year  the  license  is 
applied  for  exceeded  22,500  cases,  but  did  not  exceed  25,000  cases  of  salmon,  forty- 
eight  pounds  to  the  case.  Those  of  the  tenth  class  are  canners  whose  pack  for  the 
year  next  preceding  the  year  the  license  is  applied  for  exceeded  25,000  cases,  but  did 
not  exceed  27,500  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the 
eleventh  class  are  canners  whose  pack  for  the  year  next  preceding  the  year  the  license 
is  applied  for  exceeded  27,500  cases,  but  did  not  exceed  30,000  cases  of  salmon,  forty- 
eight  pounds  to  the  case.  Those  of  the  twelfth  class  are  canners  whose  pack  for  the 
year  next  preceding  the  year  the  license  is  applied  for  exceeded  30,000  cases, 
but  did  not  exceed  32,500  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those 
of  the  thirteenth  class  are  canners  whose  pack  for  the  year  next  preceding  the 
year  the  license  is  applied  for  exceeded  32,500  cases,  but  did  not  exceed  35,000 
cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  fourteenth  class  are 
canners  whose  pack  for  the  year  next  preceding  the  year  the  license  is  applied 
for  exceeded  35,000  cases,  but  did  not  exceed  37,500  cases  of  salmon,  forty-eight 
pounds  to  the  case.  Those  of  the  fifteenth  class  are  canners  whose  pack  for  the 
year  next  preceding  the  year  the  license  is  applied  for  exceeded  37,500  cases,  but 
did  not  exceed  40,000  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those 
of  the  sixteenth  class  are  canners  whose  pack  for  the  year  next  preceding  the 
year  the  license  is  applied  for  exceeded  40,000  cases,  but  did  not  exceed  42,500 
cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  seventeenth  class 
are  canners  whose  pack  for  the  year  next  preceding  the  year  the  license  is  applied 
for  exceeded  42,500  cases,  but  did  not  exceed  45,000  cases  of  salmon,  forty-eight 
pounds  to  the  case.  Those  of  the  eighteenth  class  are  canners  whose  pack  for 
the  year  next  preceding  the  year  the  license  is  applied  for  exceeded  45,000  cases, 
but  did  not  exceed  47,500  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those 
of  the  nineteenth  class  are  canners  whose  pack  for  the  year  next  preceding  the 
year  the  license  is  applied  for  exceeded  47,500  cases,  hut  did  not  exceed  50,000 
cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  twentieth  class  are 
canners  whose  pack  for  the  year  next  preceding  the  year  the  license  is  applied 
for  exceeded  50,000  cases,  but  did  not  exceed  52,500  cases  of  salmon,  forty-eight 
pounds  to  the  case.  Those  of  the  twenty-first  class  are  canners  whose  pack  for  the 
year  next  preceding  the  year  the  license  is  applied  for  exceeded  52,500  cases,  hnt  did 
not    exceed   55,000  08866   of    -alnion,  forty-eight    pounds   to   the  case.      Those  of   the 

twenty-second  class  are  canners  whose  pack  for  the  year  next  preceding  the  year  the 
license  is  applied  for  exceeded  55,00008868,  but  did  not  exceed  57,500  cases  of  sal- 
mon, forty-eighl    pounds  to   the  case.      Those  of  the  twenty-third   class  are  canners 

whose  pack  for  the  year  next  preceding  the  year  the  license  is  applied  for  exceeded 

57,600  Cases,  but  did  not  exceed  til), lino  cases  of  .-; 1 1 1 1 1 <  •  1 1 ,  forty-eight  pounds  to  the 
0886.  Th086  Of  the  twenty-fourth  class  are  canners  whose  pack  for  the  year  next 
preceding   the    year    the    license  is    applied    for    exceeded    (ill, 1)00    cases,   hnt    did    not 


OREGON.  507 

exceed  65,000  cases  of  salmon,  forty-eight  pounds  to  the  case.  Those  of  the  twenty- 
fifth  class  are  canners  whose  pack  for  the  year  next  preceding  the  year  the  license  is 
applied  for  exceeded  65,000  cases,  forty-eight  pounds  to  the  case.  When  more  than 
one  cannery  or  plant  is  operated  by  the  same  person,  firm,  or  corporation, each  shall 
be  licensed  separately  and  according  to  its  class.  Any  person,  firm,  or  corporation 
desiring  to  engage  in  the  business  of  canning  salmon  in  this  State  shall  make  an 
application  in  writing  to  the  Master  Fish  Warden  for  a  license  therefor,  which  appli- 
cation shall  describe  the  location  of  the  salmon  cannery,  as  near  as  practicable,  and 
shall  be  accompanied  by  the  affidavit  of  the  applicant,  stating  the  number  of  cases 
of  salmon  that  were  packed  in  such  cannery  the  year  next  preceding  the  year  the 
license  is  to  be  issued,  and  shall  deposit  with  said  application  the  license  fee,  accord- 
ing to  the  class  in  which  said  cannery  should  be  listed.  Xo  license  shall  be  issued 
until  such  affidavit  is  made  and  filed  and  such  license  fee  paid;  provided,  that  if  any 
person,  firm,  or  corporation  desires  to  obtain  a  license  for  a  cannery  which  had  not 
been  operated  the  year  preceding  such  application,  such  cannery  shall,  upon  appli- 
cation, be  classed  by  the  Board  of  Fish  Commissioners,  and  the  license  fee  to  be  paid 
shall  be  three  times  the  regular  fee  according  to  that  class;  excepting  in  a  case  where 
a  cannery  remained  idle  only  one  season,  then  in  that  case  the  license  fee  to  be  paid 
shall  be  double  the  regular  fee.  All  licenses  issued  under  the  provisions  of  this 
section  shall  be  good  only  in  the  district  for  which  the  same  is  issued,  and  shall 
expire  on  the  thirty-first  day  of  March  following  the  issuance  of  such  license. — As 
amended  February  24,  190J,  awl  February  10,  1905;  General  Lavs  1905,  eh.  56,  pp. 
116-119. 

4095.  Classification  of  dealers  other  titan  canners;  applications  and  licenses.  Any  per- 
son, firm,  or  corporation  engaged  in  the  business  of  buying,  selling,  packing,  preserv- 
ing, or  otherwise  dealing  in  salmon  fish  or  sturgeon,  other  than  canning  thereof, 
which  is  herein  provided  for,  and  whether  said  person,  firm,  or  corporation  catches 
his  or  their  or  its  own  salmon  fish  or  sturgeon  or  not,  shall  be  and  are  classified  as 
follows:  First-class  dealers,  handling  less  than  three  tons  of  fish  per  year;  second 
class  dealers,  handling  three  to  six  tons  of  tish;  third  class  dealers,  handling  six  to  ten 
tons  of  fish;  fourth  class  dealers,  handling  ten  to  fifteen  tons  of  fish;  fifth  class  deal- 
ers, handling  fifteen  to  twenty  tons  of  fish;  sixth  class  dealers,  handling  twenty  to 
twenty-five  tons  of  fish;  seventh  class  dealers,  handling  twenty-five  to  thirty  tons  of 
fish;  eighth  class  dealers,  handling  thirty  to  forty  tons  of  fish;  ninth  class  dealers, 
handling  forty  to  fifty  tons  of  fish;  tenth  class  dealers,  handling  fifty  to  sixty  tons  of 
fish;  eleventh  class  dealers,  handling  sixty  to  seventy  tons  of  tish;  twelfth  class 
dealers,  handling  seventy  to  eighty  tons  of  tish;  thirteenth  class  dealers,  handling 
eighty  to  one  hundred  tons  of  fish;  fourteenth  class  dealers,  handling  one  hundred 
to  one  hundred  and  forty  ton-  of  fish;  fifteenth  class  dealers,  handling  one  hundred 
and  forty  to  one  hundred  and  seventy-live  tons  of  fish;  sixteenth  clasfi  dealers,  hand- 
ling one   hundred  and   seventy-live   to   two   hundred   ami   twenty-live  tons  of  fish; 

seventeenth  class  dealers,  handling  two  hundred  and  twenty-five  to  three  hundred 

tons  of  tish;  eighteenth  class  dealers,  handling  t hree  hundred  to  four  hundred  tons 
of  tish;  nineteenth  class  dealers,  handling  four  hundred  to  live  hundred  tons  of 
fish;  twentieth  class  dealers,  handling  five  hundred  to  six  hundred  tons  of  fish; 
twenty-first    class   dealers,    handling   six    hundred    to   seven    hundred    tons   of   ti>h; 

twenty -second  class  dealers,  are  those  who  handled  over  seven  hundred  tons  of  fish  of 

the  dressed  product.      Any  prison,  firm,  or  corporation  desiring   to  Obtain  a   license 

for  the  purpose  of  engaging  in  the  business  of  buying,  packing,  selling,  preserving, 
or  otherwise  dealing  in  salmon  fish  or  sturgeon,  or  other  than  canning  thereof,  which 
is  herein  provided  tor,  and  whether  said  person,  firm,  ox  corporation  catches  his  or 

their   or   its   own    salmon  fish   01   Bturgeon   or   Dot,  shall  file    with    the    Master    fish 

Warden  an  application  therefor  describing  with  convenient  certainty  the  locality  at 
which  the  applicant  proposes  to  engage  in  business,  and  the  general  character  ol 


508  FOODS  AND  FOOD  CONTROL. 

such  business,  whether  cold  storage  or  otherwise,  and  shall  accompany  such  appli- 
cation with  an  affidavit  of  the  applicant  stating  the  total  number  of  tons  of  salmon 
fish  or  sturgeon  handled  by  such  applicant  the  year  next  preceding  the  year  the 
applicant  desires  the  license,  and  shall  deposit  with  the  Master  Fish  Warden  the 
license  fee  as  hereinafter  provided.  Such  persons  aforesaid  of  the  first  class  shall 
pay  a  license  fee  of  $5.00;  of  the  second  class,  87.50;  of  the  third  class,  $10;  of  the 
fourth  class,  $15;  of  the  fifth  class,  $20;  of  the  sixth  elass,  §2-">;  of  the  seventh  class. 
$30;  of  the  eighth  elass,  $40;  of  the  ninth  class,  $50;  of  the  tenth  class,  $60;  of  the 
eleventh  class,  §70;  of  the  twelfth  class,  $80;  of  the  thirteenth  elass,  $100;  of  the 
fourteenth  class,  $125;  of  the  fifteenth  class,  §100;  of  the  sixteenth  class,  §200;  of  the 
seventeenth  class;  §270;  of  the  eighteenth  elass,  $360;  of  the  nineteenth  class,  $450; 
of  the  twentieth  class,  §o4u;  of  the  twenty-first  class,  $630;  of  the  twenty-second  elass, 
$800;  provided,  that  any  person,  firm,  or  corporation  desiring  a  license  that,  during 
the  year  preceding  such  application  was  not  engaged  in  dealing  in  salmon  fish  or 
sturgeon  as  a  packer  by  the  cold  storage  process  or  otherwise  shall,  upon  application, 
be  classified  by  the  board  of  fish  commissioners,  and  the  license  fee  to  be  paid  shall 
be  three  times  the  regular  fee,  according  to  the  class  named;  excepting  in  a  ease 
where  a  cold  storage  plant  remained  idle  only  one  season,  then  and  in  that  ease  the 
license  fee  to  be  paid  shall  be  double  the  regular  fee.  Persons  desiring  to  engage  in 
the  business  of  retailing  salmon  fish  or  sturgeon  for  home  consumption,  or  peddling 
such  fish  from  house  to  house,  shall  be  listed  of  the  first  elass,  and  shall  pay  a  license 
therefor  accordingly,  whether  said  person  caught  his  own  salmon  fish  or  sturgeon  or 
not.  Where  more  than  one  shop  or  plant  is  operated  by  the  same  person,  firm,  or 
corporation,  each  shall  be  licensed  separately  and  according  to  its  class.  A  peddler's 
license  shall  be  good  for  one  person  or  wagon,  and  no  more.  All  licenses  issued 
under  the  provisions  of  this  section  shall  be  good  only  in  the  district  for  which  the 
same  is  issued,  and  shall  expire  on  the  thirty-first  day  of  March  following  the  issu- 
ance of  such  license" — Aa  amended  February  24,  1903,  and  February  10,  1905;  General 
Laws,  1905,  ch.  56,  pp.  119-121. 

4090.  Dutiet  of  fish  warden;  prosecutions.  The  fish  warden  shall  keep  and  preserve 
a  record  of  all  applications  for  license  filed.  The  fish  warden  is  not  bound  by  state- 
ments therein  made  as  to  the  amount  of  fish  packed  or  handled,  but  for  the  purpose 
of  ascertaining  the  true  class  in  which  any  cannery  or  dealer  in  salmon  fish  or  stur- 
geon, as  herein  provided,  should  be  listed,  such  fish  warden  or  any  of  his  deputies 
has  full  authority  and  is  hereby  authorized  to  inspect  the  cannery  and  places  tif  busi- 
ness of  such  parties,  and  the  books  of  such  parties  showing  the  amount  <>t"  their  pack 
or  the  amount  handled  (but  the  information  derived  therefrom  shall  not  be  made 
public),  and  if  in  the  opinion  of  the  fiflfa  warden  the  tacts  set  forth  in  the  affidavit  of 
the  applicant  foi  a  license  are  untrue,  and  the  canner,  packer,  or  dealer  as  herein 
provided,  is  not  properly  classed,  he  shall  immediately  class   the   sunt'  and    list    the 

same  properly,  and  cancel  the  license  already  issued,  and  demand  from  such  canner, 
packer,  or  dealer,  as  herein  specified,  a  new  license  fee  necessary  to  bring  it  within 

the  class  it  should  have  been  listed  in  in   the   first  instance;   but  any  person,  linn,  or 

corporation  feeling  aggrieved  by  the  decision  of  the  fish  warden  may  appeal  from 

the  decision   of  the    fish  warden    to  the   circuit    COUrl  of   the  State   of   Oregon  for  the 

county  in  which  his  or  its  business  is  situated.  Such  appeal  is  taken  by  serving  a 
written  notice  of  Buch  appeal  on  the  tish  warden,  <  >r  his  deputy  residing  in  the  county, 
ami  tiling  same  with  pro<,t«>i  service  indorsed  then within  ten  days  from  receiv- 
ing notice  of  such  relisting  by  such  fish  warden,  together  with  a  bond  with  one  or 
more  sufficient  Bureties,  t<»  be  approved  by  the  clerk  <-i  the  circuit  court,  conditioned 
to  pay  whatever  judgment  may  !»<■  rendered  against  him  on  the  appeal,  in  the  office 

"So  in  Statutes. 


OREGON.  509 

of  the  clerk  of  the  circuit  court  of  the  State  of  Oregon  for  the  county  in  which  said 
busmen  is  located;  and  the  case  shall  be  tried  in  the  said  circuit  court  as  a  suit  in 
equity,  and  judgment  entered  by  the  court  accordingly,  and  the  decision  shall  be 
final,  and  the  judgment  of  the  court  shall  be  enforced  as  other  judgments  are,  and 
shall  have  like  force  and  effect.  No  costs  shall  be  taxed  against  the  fish  warden  in 
any  event.  Nothing  in  this  section  shall  be  construed  to  prevent  the  board  of  fish 
commissioners,  or  any  one  of  the  deputies,  from  giving  in  evidence  at  the  trial  of 
of  such  appeal  any  fact  or  information  derived  by  them  from  inspection  of  the  books 
or  papers  of  any  canner,  packer,  or  dealer  in  fish,  or  from  offering  in  evidence  in 
any  court  the  affidavit  of  any  person  required  by  this  act. 

4102.  Inspection  by  fish  warden  authorized.  The  fish  warden  is  hereby  authorized 
to  inspect  all  canneries,  cold  storage  houses,  boats,  nets,  wheels,  traps,  and  other 
fishing  apparatus,  and  all  property  used  in  the  catching  and  packing  of  fish,  for  the 
purpose  of  enforcing  the  provisions  of  this  act,  and  to  that  end  said  fish  warden  is 
authorized  to  enter  into  said  property  and  make  inspection  thereof. 

Bellinger  and  Cotton's  Annotated  Codes  and  Statutes,  1902,  vol.  2,  ch.  5,  pp. 
1356-1361. 

VINEGAR,  a 

Sec.  38.  Manufacture  and  sale  regulated;  cida-  vinegar.  No  person  shall  manufac- 
ture, sell,  offer  or  expose  for  sale,  or  possess  with  intent  to  sell  or  deliver  any  vinegar 
not  in  compliance  with  the  provisions  of  this  act.  No  vinegar  shall  be  sold  as  apple, 
orchard,  or  cider  vinegar  which  is  not  the  legitimate  product  of  pure  apple  juice, 
known  as  apple  cider  or  vinegar,  not  made  exclusively  of  apple  cider  or  vinegar,  into 
which  foreign  substances,  drugs,  or  acids  have  been  introduced,  and  upon  test  shall 
contain  not  less  than  H  per  cent  by  weight  of  cider  vinegar  solids  and  25  per  cent 
of  asli,  and  not  less  than  4  per  cent  of  absolute  acetic  acid. 

Sec.  39.  Distilled  vinegar;  fermented  vinegar.  All  vinegar  made  wholly  or  in  part 
from  "grain  of  any  kind,  syrup,  or  refuse  from  sugar  refineries  by  process  of  mash- 
ing and  distilling  and  then  converting  into  vinegar,"  shall  be  branded  "Distilled 
Vinegar,"  and  such  vinegar  shall  be  free  from  coloring  matter  added  during  or  after 
distillation,  and  from  color  other  than  that  imparted  to  it  by  distillation.  All  fer- 
mented vinegar  other  than  cider  vinegar  not  distilled  shall  contain  not  less  than  1J 
percent  by  weight  upon  full  evaporation  (at  the  temperature  of  boiling  water)  of 
solids  contained  in  the  fruit  or  grain  from  which  said  vinegar  is  fermented,  and  shall 
contain  not  less  than  2\  tenths  of  1  per  cent  ash.  All  vinegar  shall  be  made  wholly 
from  the  fruit  or  grain  from  which  it  purports  to  be  made,  and  contain  no  foreign 
substance  and  contain  not  less  than  4  per  cent  by  weight  of  absolute  acetic  acid. 

Bic.  i"  I  of  mineral  acids  prohibited.  No  person  shall  manufacture  for  sale,  offer 
for  sale,  or  possess  with  intent  to  sell,  any  vinegar  found  upon  proper  test  to  con- 
tain any  preparation  of  lead,  copper,  sulphuric,  or  other  mineral  acids,  or  ingredients 
injurious  to  health.  All  packages,  bottles,  and  any  other  vessel  containing  vinegar, 
other  than  pure  cider  vinegar,  shall  all  be  marked,  stenciled,  or  branded  on  the  cask. 

barrel,  keg,  bottle,  or  any  other  vessel  containing  such  vinegar  with  the  name  and 
residence  of  the  manufacturer,  together  with  the  brand. 

Filed  February  22,  L905.     Laws  of  L905,  ch.  209,  pp.  357  358. 

WATER. 

212s.  Pollution  of water  by  seweragi  a  misdemeanor.  Any  person  who  shall  put  any 
Bewerage,  drainage,  or  refuse,  or  polluting  matter,  as  either  by  itself  or  in  connection 

with  other  matter  will  corrupt  or  impair  the  quality  of  any  well.  Bpring,  brook, 

See  also  Dairy  Products  for  general  provisions,  penalties,  appropriations,  etc., 
applying  also  t . .  these  sections. 


510  FOODS    AND    FOOD    CONTROL. 

creek,  branch,  or  pond  of  water,  which  is  used  or  may  be  used  for  domestic  pur- 
poses, shall  be  deemed  guilty  of  misdemeanor. 

2121).  Pollution  of  water  supply  by  decaying  substances,  etc.,  a  misdemeanor.  If  any 
persou  shall  put  any  dead  animal  carcass,  or  part  thereof,  excrement,  putrid,  nau- 
seous, noisome,  decaying,  deleterious,  or  offensive  substance  into,  or  in  any  other 
manner  not  herein  named  befouls,  pollutes,  or  impairs  the  quality  of,  any  spring, 
brook,  creek,  branch,  well,  or  pond  of  water  which  is  or  may  l»e  used  for  domestic 
purposes,  or  shall  put  any  such  dead  animal  carcass,  or  part  thereof,  excrement, 
putrid,  nauseous,  noisome,  decaying,  deleterious,  or  offensive  substance  within  one 
half  mile  of  any  dwelling  house  or  public  highway  and  leave  the  same  without 
proper  burial,  or,  being  in  the  possession  or  control  of  any  land,  shall  knowingly 
permit  or  suffer  any  such  dead  animal  carcass,  or  part  thereof,  excrement,  putrid, 
nauseous,  noisome,  decaying,  deleterious,  or  offensive  substance  to  remain  without 
proper  burial  upon  such  premises,  within  one  half  mile  of  any  dwelling  house  or 
public  highway,  whereby  the  same  becomes  offensive  to  the  occupants  of  such  dwell- 
ing or  the  traveling  public,  he  shall  be  deemed  guilty  of  a  misdemeanor. 

2180.  Penalty;  jurisdiction.  Any  person  violating  the  provisions  of  this  act  shall, 
upon  conviction,  be  fined  not  less  than  ten  nor  more  than  fifty  dollars,  or  be  impris- 
oned not  less  than  rive  days  nor  more  than  twenty-live  days,  or  by  both  line  and 
imprisonment.  Justices  of  the  peace  shall  have  jurisdiction  of  offenses  committed 
against  the  provisions  of  this  act. 

2181.  Penalty  for  violation  of  sec.  2129.  If  any  person  or  persons  shall  put  any  dead 
animal's  carcass,  or  part  thereof,  or  any  excrement,  putrid,  nauseous,  decaying,  dele- 
terious, or  offensive  substance,  in  any  well,  or  into  any  spring,  brook,  or  branch  of 
running  water,  of  which  use  is  made  for  domestic  purpose-,  or  to  which  any  cattle, 
horses,  or  other  kind  of  stock  have  access,  every  person  so  offending  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  three  nor  more  than  fifty  dollars. 

Bellinger  and  Cotton's  Codes  and  Statutes,  1902,  vol.  1,  ch.  !>,  pp.  735-736. 


PENNSYLVANIA. 

The  State  dairy  and  food  commissioner,  who  is  an  officer  of  the 
department  of  agriculture  of  Pennsylvania,  is  charged  with  the  enforce- 
ment of  all  dairy  and  food  laws  of  the  State  with  the  exception  of  cer- 
tain older  laws  which,  while  they  remain  in  the  statute  books,  are 
practically  superseded  by  more  recent  legislation.  The  commissioner 
is  appointed  by  the  governor  for  a  term  of  four  years,  and  all  of  his 
actions  are  subject  to  approval  by  the  secretary  of  agriculture. 

GENERAL  FOOD  LAWS. 

5.  Unwholesome  or  adulterated  provisions;  penalty,  If  any  person  shall  sell  or  expose 
for  sale,  the  flesh  of  any  dieased  animal,  or  any  other  unwholesome  flesh,  knowing 
the  same  to  be  diseased  or  unwholesome,  or  sell  or  expose  for  sale  unwholesome 
bread,  drink  or  liquor,  knowing  the  same  to  be  unwholesome;  or  shall  adulterate 
for  the  purpose  of  sale,  or  sell  any  flour,  meal  or  other  article  of  food,  any  wine, 
beer,  spirits  of  any  kind,  or  other  liquor  intended  for  drinking,  knowing  the  same 
to  be  adulterated:  or  shall  adulterate  for  sale,  or  shall  sell,  knowing  them  to  be  so 
adulterated,  any  drugs  or  medicines;  such  person  so  offending  shall  he  guilty  of  a 
misdemeanor,  and  upon  conviction  be  sentenced  to  pay  a  fine,  not  exceeding  one 
hundred  dollars,  or  undergo  an  Imprisonment,  not  exceeding  six  months,  or  both, 
or  either,  at  the  discretion  of  the  court. 

P.  L.,  1860,  p.  401;  Brightly's  Pardon's  Digest,  1894,  vol.  1,  p.  473. 

1.  Oath  of  derks  of  markets.  The  clerks  of  the  several  markets  within  this  prov- 
ince, now  in  office,  and  all  such  clerks  as  shall  hereafter  be  appointed,  before  they 
enter  upon  the  execution  of  their  office,  shall  take  the  following  oath  or  affirmation, 
before  some  magistrate  or  justice  of  the  city,  borough  or  comity  wherein  they  shall 
reside,  viz:  "That  he  will  well  and  truly,  to  the  best  of  his  skill  and  judgment,  do 
and  perforin  all  the  things  joined  and  required  of  him  as  clerk  of  the  market,  by 
the  laws  of  this  province." 

2.  Buying  and  selling  of  provisions.  It  shall  ami  may  be  lawful  lor  any  person  or 
persons  to  sell  or  expose  for  sale  provisions,  vegetables  or  fruit,  in  the  market-  of 
any  city,  borough  or  corporate  town  within  this  commonwealth:  Provided  always, 
That  such  provisions,  vegetables  or  fruit  shall  not  have  been  previously  purchased 

within  the  limit.-  of  Mich  city,  bOFOUgh  or  corporate  town. 

:{.  Unwholesorru  or  tainted  meat;  penalty.  It  shall  not  be  lawful  for  any  butcher  or 
other  person  to  expose  for  sale  any  tainted  or  unwholesome  meat  or  fish,  or  any  veal 

Less  than  three  week-  old  when  killed,  in  any  of  the  niarketdioii-e-  or  other  places 
lor  vending  meat,  in  any  of  the  cities  Orboroughs  in  the  several  counties  of  this  com- 
monwealth, under  a  penalty  of  ten  dollars  for  each  offense,  to  he  recovered  a-  other 
penalties  are  recoverable,  before  any  alderman  or  justice  of  the  peace;  one-half  ^<i 
said  penalty  to  go  to  tin-  informer,  and  the  other-  half  for  the  benefit  of  the  poor. 

Brightly's  Purdon's  Digest,  I7m>  L894,  vol.  2,  p.  1294. 

•Ml 


512  F00D8    AND    FOOD    CONTROL. 

Sec.  13.  Decayed  or  unwholesome  provisions;  penalty.  It  shall  be  unlawful  tor  any 
person,  firm,  or  corportion  to  keep,  expose,  or  offer  for  sale  tor  food,  or  keep  the  same 
for  the  purpose  of  sale  for  food,  within  the  limits  of  said  cities  (second  class),  any 

emaciated,  tainted,  putrid,  decayed,  decaying,  unwholesome  or  diseased  meat.  In 
case  of  keeping,  exposing,  or  offering  such,  the  said  bureau  shall  have  the  power  and 
authority  to  seize  condemn,  and  confiscate  the  same,  and  also  all  maimed  and  dis- 
eased  animals,  or  any  that  may  be  too  young  to  be  used  for  food.  The  keeping, 
offering,  exposure,  or  sale  as  aforesaid  of  any  emaciated,  tainted,  putrid,  decayed, 
decaying,  unwholesome  or  diseased  meat,  or  of  any  maimed  or  diseased  animal  or 
animals  too  young  to  be  used  for  food  shall  be  and  is  hereby  declared  to  be  unlaw- 
ful, and  the  person  so  offending  shall  be  subject  to  a  fine  of  not  less  than  twenty-live 
nor  more  than  one  hundred  dollars.  The  exposure  or  offering  for  sale  for  food,  or 
keeping  for  purposes  of  sale  for  food  any  decayed  or  unwholesome  vegetable,  or 
other  matter  or  thing,  is  hereby  declared  to  be  unlawful,  and  any  person  or  persons 
so  offending  shall  be  liable  to  a  fine  not  exceeding  one  hundred  dollars. 

Approved  June  26,  1895.     Laws  1895,  Act  258,  p.  350. 

Sec.  1.  Adulteration  prohibited.  No  person  shall,  within  this  State,  manufacture  for 
sale,  offer  for  sale  or  sell  any  article  of  food  which  is  adulterated  within  the  meaning 
of  this  act. 

Sec.  2.  Food  defined.  The  term  "food,"  as  used  herein,  shall  include  all  articles 
used  for  food  or  drink  by  man  whether  simple,  mixed  or  compound. 

Sec.  3.  Adulteration  defined.  An  article  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  this  act: 

(a).  In  the  case  of  food:  (1) .  If  any  substance  or  substances  have  been  mixed  with 
it  so  as  to  lower  or  depreciate  or  injuriously  affect  its  quality,  strength  or  purity. 
(2).  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it.  (3).  If  any  valuable  or  necessary  constituent  or  ingredient  has  been 
wholly  or  in  part  abstracted  from  it.  (4).  If  it  is  an  imitation  of  or  is  sold  under  the 
name  of  another  article.  (5).  If  it  consists  wholly  or  in  part  of  a  diseased,  decom- 
posed, putrid,  infected,  tainted  or  rotten  animal  or  vegetable  substance  or  article, 
whether  manufactured  or  not, — or  in  case  of  milk  if  it  is  the  produce  of  a  diseased 
animal.  (6).  If  it  is  colored,  coated,  polished  or  powdered,  whereby  damage  or 
inferiority  is  concealed,  or  if  by  any  means  it  is  made  to  appear  better  or  of  greater 
value  than  it  really  is.  (7).  If  it  contains  any  added  substance  or  ingredient  which 
is  poisonous  or  injurious  to  health:  Provided,  That  the  provisions  of  this  act  shall 
not  apply  to  mixtures  or  compounds  recognized  a-  ordinary  articles  or  ingredients 
of  articles  of  food,  if  each  and  every  package  sold  or  offered  for  sale  be  distinctly 
labeled  as  mixtures  or  compounds,  and  arc  nol  injurious  to  health. 

8a  .  4.  Samples  for  analysis.  Every  person  manufacturing,  offering  or  exposing 
for  -ale  or  delivering  to  a  purchaser  any  article  of  food  Included  in  the  pn>\  ision<  of 
this  act  shall  furnish  to  any  person  interested  or  demanding  the  same,  who  shall 
apply  to  him  for  the  purpose  and  shall  tender  him  the  value  of  the  same,  a  sample 
Sufficient  for  tin-  analysis  >>i  any  BUCh  article  of  food  w  Inch  is  in  his  possession. 

Sec.  5.  Penalties.  Whoever  refuses  to  comply,  upon  demand,  with  the  require- 
ment of  Bection  four,  and  whoever  violates  any  of  the  provisions  of  this  ad  shall  be 
guilty  of  s  misdemeanor  and  upon  conviction  shall  be  lined  not  exceeding  our  hun- 
dred   nor   less   than    fifty   dollars,  or  imprisoned   imi   exceeding  ninety  nor  Lees  than 

thirtj  days,  or  both,  ami  any  person  found  Lruilty  of  manufacturing,  offering  for  sale 

or   Belling  any   adulterated   article   of   food    under   the  provisions  of  this  act  shall    be 

adjudged  to  pay,  in  addition  to  the  penalties  herein  provided  for,  all  necessary  costs 
and  expense!  incurred  in  inspecting  and  analyzing  such  adulterated  articles  of  which 


PENNSYLVANIA.  513 

said  person  may  have  been  found  guilty  of  manufacturing,  selling  or  offering  for 
sale:  Provided,  That  all  penalties  and  costs  for  the  violation  of  the  provisions  of  this 
act  shall  be  paid  to  the  Dairy  and  Food  Commissioner,  or  his  agent,  and  by  him 
paid  into  the  State  Treasury,  to  be  kept  as  a  fund  separate  and  apart  for  the  use  of 
the  Department  of  Agriculture  for  the  enforcement  of  this  act  and  to  be  drawn  out 
upon  warrant  signed  by  the  Secretary  of  Agriculture  and  the  Auditor  General. 

Si:<  .  6.  Enforcement  of  act.  The  agent  of  the  Department  of  Agriculture,  known 
as  the  Dairy  and  Food  Commissioner  of  this  State,  shall  be  charged  with  the  enforce- 
ment of  all  the  provisions  of  this  act  and  shall  have  the  same  power  to  enforce  the 
provisions  of  this  act  that  is  given  him  to  enforce  the  provisions  of  the  act  by  which 
he  receives  his  appointment. 

Approved  June  20,  1895.  Laws.  1895,  p.  317;  Brightly's  Digest  of  Laws  1893-1903, 
pp.  29-30. 

ALCOHOLIC  BEVERAGES. 

J).  Use  of  poison  or  harmful  drugs  in  beverages.  It  Bhall  be  unlawful  for  any  person 
or  persons  to  make  use  of  any  active  poison,  or  other  deleterious  drugs,  in  any  quan- 
tity or  quantities,  in  the  manufacture  or  preparation,  by  process  of  rectifying  or 
otherwise,  of  any  intoxicating  malt  or  alcoholic  liquors,  or  for  any  person  or  persons 
to  knowingly  sell  such  poisoned  or  drugged  liquors  in  any  quantity  or  quantities;  and 
any  person  or  persons  so  offending  shall  be  deemed  guilty  of  a  misdemeanor. 

10.  Branding.  It  shall  be  the  duty  of  any  person  or  persons  engaged  in  the  man- 
ufacture and  sale  of  intoxicating  malt  or  alcoholic  liquors,  or  in  rectifying  or  prepar- 
ing the  Bame  in  any  way,  to  brand  on  each  barrel,  cask  or  other  vessel  containing  the 
same,  the  name  or  names  of  the  person  or  persons  manufacturing,  rectifying  or  pre- 
paring the  same,  and  also  these  wdrds,  "containing  no  deleterious  drugs  or  added 
poison;"  and  shall  also  certify  the  same  fact  or  facts  to  the  purchaser,  over  his,  her 
or  their  own  proper  signature. 

11.  Possession  of  drugged  liquors.  If  any  barrel,  cask  or  other  vessel,  containing 
any  such  drugged  or  poisoned  liquor,  shall  be  found  in  the  possession  of  any  person 
or  persons  designated  in  sections  one  and  two  [Sees.  9  and  10],  it  shall  be  deemed 
prima  facie  evidence  of  a  violation  of  the  provisions  of  this  act. 

12.  Analysis  of  suspected  liquors.  Any  suspected  article  or  specimen  of  intoxicating 
malt  or  alcoholic  liquor,  shall  be  subjected  to  analysis  by  some  competent  person  to 
perform  the  same,  under  the  direction  of  the  court  before  which  the  case  is  tried; 
and  such  analysis,  duly  certified  under  oath,  shall  be  deemed  legal  evidence  in  any 
(•Mint  in  this  state:  Provided,  That  upon  any  preliminary  examination,  before  any 
justice  of  the  peace,  mayor  or  other  magistrate  or  competent  authority,  for  the  pur- 
|m  iee  i >f  binding  over,  such  officer  may  order  the  inspection  aforesaid  to  be  made,  and 
make  such  order  as  may  be  oecessary  to  preserve  the  evidence  of  the  offence,  until 
the  trial  of  the  offender. 

IS.    Penalty.      Any  person  offending  against  any  of  the  provisions  of  this  ait  shall 

be  deemed  guilty  of  a  misdemeanor,  and  on  con  victiorj  thereof,  shall  be  sentenced  to 
pay  a  fine,  doI  exceeding  five  hundred  dollars,  and  to  undergo  an  imprisonment,  not 
exceeding  twelve  months,  or  both,  or  either,  in  the  discretion  of  the  court 

14.  Usi  of  drugs,  etc.,  in  process  of  manufacture.  Any  and  all  persons  engaged  in 
the  business  of  brewing  or  manufacture  of  ale,  beer  or  other  mall  liquors,  or  in  the 
fermentation,  distillation  or  manufacture  of  any  vinous  or  Bpirituous  liquors,  be  and 
they  are  hereby  prohibited  making  use,  in  oraboul  such  business,  or  in  any  such 

process  of  brewing,  fermentation,  distillation  or  manufacture,  of  an\  poisonous  or 
deleterious  drugs  Or  chemicals,  Or  any  inquire  or  injurious  materials,  or  such  as  arc 
prejudicial  to  the  public  health,  or  to  the  health  Of  an\   perBOl]  drinking  or  making 

ose  of  any  such  malt,  vinous  or  Bpirituous  liquors. 


514  FOODS  AND  FOOD  CONTROL. 

15.  Penalty.  The  use  of  any  Bach  poisonous  or  deleterious  drags  or  chemicals,  or 
impure  or  injurious  materials,  or  of  those  prejudicial  to  health,  a.<  are  prohibited  by 
the  first  section  of  thi<  act,  (14)  is  hereby  declared  to  be  a  misdemeanor,  and  any 
person  convicted  of  so  using  the  same,  shall  be  punished  by  a  tine  of  one  thousand 
dollars,  and  by  an  imprisonment  of  not  more  that  one  year. 

Brightly's  Pardon's  Digest,  1894,  vol.  1.  p.  473. 

4(>.  Proof  of  'idulteration.  In  all  actions  for  the  sale  of  any  spirituous,  vinous  or 
malt  liquors,  or  any  admixtures  thereof,  it  shall  be  competent  for  the  defendant,  in 
every  such  case,  to  prove  that  said  liquors  or  admixtures  thereof  were  impure,  viti- 
ated or  adulterated;  and  proof  thereof  being  made,  shall  amount  to  a  good  and  legal 
defence  to  the  whole  of  the  plaintiff's  demand. 

Brightly's  Purdon's  Digest,  vol.  2,  1894,  p.  1233. 

APPLE  PRODUCTS. 

7.  (1)  Enforcement  of  law.  The  State  Dairy  and  Food  Commissioner  shall  be 
charged  with  the  enforcement  of  all  laws  against  fraud  and  adulteration  or  impurities 
in  vinegar,  jellies,  cider,  evaporated  apples  and  all  apple  products,  and  the  unlawful 
labeling  of  the  same  in  the  State  of  Pennsylvania. 

8.  (2)  Inspection  a  ml  prosecution.  It  shall  be  the  duty  of  said  Dairy  and  Food 
Commissioner  to  inspect  any  articles  of  vinegar,  jellies,  cider,  evaporated  apples  or 
other  apple  products  made  or  offered  for  sale  in  the  State  of  Pennsylvania  as  an 
article  of  food  or  drink,  and  to  prosecute  or  cause  to  be  prosecuted  any  person  or 
persons,  firm  or  firms,  corporation  or  corporations  engaged  in  the  manufacture 
or  sale  of  any  adulterated  article  of  food  or  drink,  or  adulterated  in  violation  of 
or  contrary  to  any  laws  of  the  State  of  Pennsylvania  now  in  force  or  hereafter  to  be 
passed. 

9.  (3)  Inspection  and  sampling  privileges.  The  said  Food  Commissioner  and  such 
assistants,  agents,  experts,  chemists,  detectives  and  counsel  as  he  shall  duly  author- 
ize for  the  purpose,  shall  hav<  full  access,  egress,  ingress  to  all  places  of  business, 
factories,  mills,  buildings,  carriages,  cats,  vessels  and  barrels,  tanks  and  packages 
of  whatever  kind,  used  in  the  manufacture  and  transportation  and  sale  of  any 
apple  products,  or  of  any  adulteration  or  imitation  thereof.  They  shall  also  have 
power  and  authority  to  open  any  package,  barrel  or  vessel  containing  apple  products, 
or  any  adulteration  or  imitation  thereof,  which  may  be  manufactured,  sold  or 
exposed  for  Bale  in  violation  of  any  of  the  provisions  of  any  act  now  enacted  or 
which  may  be  hereafter  enacted  in  relation  to  apple  products,  or  the  adulteration 
or  imitation  or  unlawful  labeling  thereof,  and  they  shall  also  have  power  to  take 
from  such  packages,  barrel  or  vessel  Bamplefl  for  an  analysis,  after  tendering  compen- 
sation for  said  samples  thus  taken. 

10.  (4)  Disposal  of  fines,  etc.    All  penalties  and  costs  shall  be  received  by  the 

State  Board  of  Agriculture  for  the  violation  of  this  act  ami  of  other  acts  now  enacted 
or  hereafter  to  lie  enacted   prohibit  ing  or  regulating  the  adulteration  or  imitation  of 

any  apple  product,  and  shall  be  appropriated  by  the  said  board  to  the  payment  only 
of  the  necessary  expenses  incurred  by  the  said  Dairy  and  Pood  Commissioner  and 
his  assistants  and  agents  in  the  investigation,  discovery  and  prosecution  of  violation 

of  this  an. 

11.  (5)  Expenses.  That  all  charges,  accounts  and  expenses  of  the  said  Com- 
missioner,  and  all  of  the  assistants,  agents,  experts,  chemists,  detectives  and  counsel 
employed  by  him  in  carrying  OUt  the  provisions  of  this  act,  shall  be  paid  by  the 
Treasurer  of  the  State  in  the  same  manner  as  ot her  accounts  and  expenses  of  the  said 
Board  of  Agriculture  are  now  paid,  as  provided  by  law. 


PENNSYLVANIA.  515 

12.  (6.)  Report  of  food  commissioner.  That  the  said  Commissioner  shall  make  an 
annual  report  of  his  work  and  proceedings,  and  shall  report  in  detail  the  number 
and  names  of  his  assistants,  agents,  experts,  chemists,  detectives  and  counsel  em- 
ployed by  him  in  carrying  out  the  provisions  of  this  act,  together  with  their  expenses 
and  disbursements,  and  be  a  part  of  his  general  report,  not  a  separate  one,  to  the  said 
State  Board  of  Agriculture  at  its  annual  meeting. 

Approved  July  5,  1895.  Laws  1895,  p.  605.  Brightly' s  Digest  of  Laws  1893-1903, 
pp.  30-31. 

BREAD,  ETC. 

Sec.  17.  Sanitation  of  bakeries,  etc.  All  persons,  firms  and  corporations  engaged  in 
the  manufacture  or  baking  of  bread,  cakes,  crackers,  pastry,  pretzels  or  maccaroni, 
for  public  sale,  shall  keep  their  room  or  rooms  for  baking,  mixing,  storing,  or  sale 
of  flour  or  other  grain  products  separate  and  apart  from  any  sleeping-room,  water- 
closet,  urinal,  defective  drain  or  sewer  pipe,  and  shall  not  permit  the  harboring  of 
any  domestic  animal  therein.  The  floors  of  all  baking,  mixing,  storing  and  sales- 
rooms shall  be  kept  clean  and  tightly  joined  and  free  from  crevices,  and  the  walls 
and  ceilings  shall  be  painted,  kalsomined  or  whitewashed  as  often  as  twice  in  each 
year,  and  oftener  if,  in  the  opinion  of  the  Chief  Factory  Inspector  or  his  deputy,  the 
safety  of  the  employes  or  the  public  shall  require. 

Sec.  18.  Permit  issued  by  inspector.  When  the  fqreging  a  provisions  of  section  sev- 
enteen are  complied  with,  the  Chief  Factory  Inspector  or  his  deputy  shall  issue  to 
the  owner  or  person  in  charge  of  such  bakeshop  a  permit,  stating  that  the  same  is 
in  a  clean  and  sanitary  condition;  which  permit  shall  be  posted  and  kept  posted  in 
the  office  or  salesroom  of  the  bakeshop,  aforesaid;  but  when  any  of  the  foregoing 
provisions  of  section  seventeen  are  not  being  complied  with  in  any  bakeshop,  the 
Chief  Factory  Inspector  or  his  deputy  shall  issue  to  the  person  in  charge,  or  his  rep- 
resentative, a  written  order  to  comply  with  the  law  aforesaid,  within  ten  day-:  <»r 
he  may  order  the  closing  of  any  such  bakeshop  until  the  order  shall  have  been  com- 
plied with,  should  the  safety  of  the  employes  or  the  public,  in  his  opinion,  so  require. 

Approved  May  2,  1905.     Laws  of  1905,  No.  226,  pp.  357-358. 

CONFECTIONERY. 

6.  Penalty  for  addition  ofinjuriout  ingredients.  If  any  person  shall  manufacture  for 
sale,  or  sell  or  offer  to  sell  any  candy  or  confectionery  adulterated  by  the  mixture  of 
terra  alba,  barytes,  talc,  or  other  mineral  substance,  or  by  poisonous  colors,  or  flavors, 
or  other  ingredients,  deleterious  or  detrimental  to  health,  know  tug  the  same  to  be  so 
adulterated,  such  persoa  bo  offending  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  be  sentenced  to  pay  a  fine  not  exceeding  one  hundred  dollars  nor  less 
thau  fifty  dollars,  and  the  candy  and  confectionery  so  adulterated  shall  be  forfeited 

and  destroyed  by  the  order  of  the  court. 

7.  Possession  of  adulterated  products.  It  any  candy  or  confectionery  adulterated  in 
violation  of  the  lirst  section  of  this  ad  6  .  shall  be  found  In  the  possession  of  any 
manufacturer,  merchant  or  dealer,  it  shall  be  deemed  prima  facie  evidence  thai  the 
same  is  offered  for  sale  and  that  the  person  having  it  in  possession  knew  that  the  same 

W9M  SO  adulterated. 

v  \<>  action  shall  be  maintained  or  recovery  had  in  any  case  t'<>r  the  value  of  any 
candy  or  confectionery  which  ma\  have  been  adulterated,  as  specified  in  the  first 
section  of  this  act,    8    and  it  shall  be  competent  for  the  defendant  in  ever)  sin 


n  Statutes. 


516  FOODS    AND    FOOD    CONTROL. 

to  prove  that  the  candy  or  confectionery  was  so  adulterated,  and  proof  thereof  being 
so  made,  shall  amount  to  a  good  and  legal  defence  to  the  whole  of  the  plaintiff's 
claim  therefor. 

Approved  May  23,  1887.  Public  Laws,  1887, 157;  Brightly's  Purdon's  Digest,  vol. 
1,  1894,  p.  473. 

DAIRY  PRODUCTS. 

1.  Milk  inspection.  The  councils  of  cities  and  boroughs'  in  this  commonwealth  be 
and  they  are  hereby  authorized  and  empowered  to  provide  for  the  inspection  of  milk, 
under  such  rules  and  regulations  as  will  protect  the  people  from  adulteration  and 
dilution  of  the  same. 

2.  Penalty  for  sale  of  impure  milk.  Any  person  or  persons,  who  shall  knowingly 
sell  or  exchange,  or  expose  for  sale  or  exchange,  any  impure,  adulterated  or  unwhole- 
some milk,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  bo 
punished  by  a  fine  of  not  less  than  twenty  dollars  for  each  offense;  and  if  the  fine  be 
not  paid,  shall  be  imprisoned  for  not  less  than  fifteen  days,  or  until  said  fine  shall 
be  paid. 

3.  Adulteration  of  milk;  penalty.  Any  person  who  shall  adulterate  milk,  with  the 
view  of  offering  the  same  for  sale  or  exchange,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars 
for  each  and  every  offence;  and  if  the  fine  be  not  paid,  shall  be  imprisoned  for  not 
less  than  eight  days,  or  until  said  fine  is  paid. 

4.  Marking  of  milk  wagons.  Any  person  or  persons  who  shall  in  any  cities, 
boroughs  and  villages,  having  a  population  of  one  thousand  inhabitants  and  upwards, 
engage  in  or  carry  on  the  sale,  exchange  or  traffic  in  milk,  shall  have  the  carriage  or 
vehicle  from  which  the  same  is  vended  conspicuously  marked  with  his,  her  or  their 
names,  also  indicating  the  locality  from  whence  said  milk  is  obtained  or  where  pro- 
duced; and  for  every  neglect  of  such  marking,  the  person  or  persons  so  neglecting 
shall  be  subject  to  the  penalties  provided  for  in  section  second  of  this  act. 

5.  False  marking  of  milk  wagons.  For  marking  wagons  or  vehicles,  so  as  to  convey 
the  idea  that  said  milk  is  procured  from,  or  produced  in,  a  different  locality  than  it 
really  is,  the  person  or  persons  so  offending  shall  be  subject  to  a  fine  of  fifty  dollars, 
or  imprisonment  not  less  than  thirty  days,  or  both,  at  the  discretion  of  the  cout 

(>.  Adulterated  and  unwholesome  mill:  defined.  The  addition  of  water  or  of  ice  to  the 
milk,  is  hereby  declared  an  adulteration;  any  milk  obtained  from  animals  fed  on 
distillery-waste  or  any  substance  in  a  state  of  putrefaction,  is  hereby  declared  to  be 
impure  and  unwholesome. 

7.  Sale  of  milk  to  butter  and  cheese  factories.  If  any  person  or  persons  shall,  with 
intent  to  defraud,  sell,  supply  or  bring  to  be  manufactured,  to  any  butter  or  cheese 
manufactory  in  this  state,  any  milk,  diluted  with  water,  or  in  any  way  adulterated, 
uncleanly  or  impure,  or  milk  from  which  cream  has  been  taken,  or  milk  commonly 
known  as  skimmed  milk,  or  it"  any  person  or  persons  so  furnishing  milk  as  aforesaid, 
who  shall  keep  back  any  part  of  the  milk  known  as  "strappings,"  or  shall  know  ingly 
bring  or  supply  milk  to  any  1. utter  <»r  cheese  manufactory  that  is  tainted  or  partially 
sour,  or  shall   knowingly  bring  or  supply  to  any  butter  or  cheese  manufactory,  milk 

drawn  from  cows  within  fifteen  days  before  parturition,  or  within  live  days  after 

parturition,  shall  for  each  offence  forfeit  and  pay  a  sum  not  less  than  ten  dollars  nor 
more   than    one    hundred  dollars,  with  COBtS   of   -nit.  to    be  Sued  for  in   any  court    of 

competent  jurisdiction  for  the  benefit  of  the  person  or  persons,  firm  or  association  or 
corporation  upon  whom  such  fraud  or  neglect  shall  be  committed.     Laws,  1869. 

s.  Sale  of  adulterated  or  impure  milk  in  cities.  In  cities  of  the  Becond  and  third 
classes,  whoever,  by  himself  or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of 
any  other  person,  sells,  exchanges  or  delivers,  or  has  in  his  custody  or  possession 
with  intent  to  sell  or  exchange,  or  exposes  or  oners  for   ale  or  exchange,  adulterated 


PENNSYLVANIA.  517 

milk,  or  milk  to  which  water  or  any  foreign  substance  has  been  added,  or  milk  pro- 
duced from  cows  fed  upon  any  substance  in  a  state  of  putrefaction,  or  from  sick  and 
diseased  cows,  shall,  for  such  offence,  be  punished  by  fine  of  not  less  than  twenty, 
nor  more  than  one  hundred  dollars. 

9.  Diluted  or  skimmed  milk.  Whoever,  by  himself  or  by  his  servant  or  agent,  or  as 
the  servant  or  agent  of  any  other  person,  sells,  exchanges  or  delivers,  or  has  in  his 
custody  or  possession,  with  intent  to  sell  or  exchange,  or  exposes  or  offers  for  sale  as 
pure  milk,  any  milk  from  which  the  cream  or  any  part  thereof  has  been  removed, 
shall,  for  such  offence,  be  punished  by  the  penalty  provided  in  the  preceding  section. 

10.  Skimmed  milk  must  beso  marked.  No  dealer  in  milk  and  no  servant  or  agent  of 
such  a  dealer,  shall  sell,  exchange  or  deliver,  or  have  in  his  custody  or  possession, 
with  intent  to  sell,  exchange  or  deliver,  milk  from  which  the  cream  or  any  part 
thereof  has  been  removed,  unless  in  a  conspicuous  place  above  the  center  upon  the 
outside  of  every  vessel,  can  or  package,  from  or  in  which  such  milk  is  sold,  the 
words  " skimmed  milk"  are  distinctly  painted  in  letters  not  less  than  one  inch  in 
length.  Whoever  violates  the  provisions  of  this  section,  shall,  for  such  offence,  be 
punished  by  the  penalty  provided  in  section  one  of  this  act. 

11.  Milk  standard.  If  the  milk  mentioned  in  sections  one  and  two  of  this  act  is 
shown,  upon  analysis,  to  contain  more  than  eighty-seven  and  fifty  one-hundredth 
per  centum  of  watery  fluid,  and  to  contain  less  than  twelve  and  fifty  one-hundredth 
per  centum  of  milk  solids,  and  less  fat  than  three  per  centum,  and  if  the  spe- 
cific gravity  at  sixty  degrees  Fahrenheit  is  not  between  one  and  twenty-nine  one 
thousandths  to  one  and  thirty-three  one  thousandths,  it  shall  be  deemed  to  be 
adulterated. 

12.  Skimmed  milk  standard.  If  the  skimmed  milk  mentioned  in  section  three  of 
this  act,  is  shown,  upon  analysis,  to  contain  less  than  six  per  centum  of  cream  by 
volume,  and  less  than  two  and  five-tenths  per  centum  of  fat  by  weight,  and  i,f 
the  specific  gravity  at  sixty  degrees  Fahrenheit,  in  not  between  one  and  thirty-two 
thousandths,  to  one  and  thirty-seven  thousandths,  it  shall  be  deemed  to  be 
adulterated. 

13.  Milk  tests.  Whenever  the  inspector  of  milk  has  reason  to  believe  that  any 
milk  found  by  him  is  adulterated,  he  shall  take  specimens  thereof  and  test  the  same 
with  such  instrument  or  instruments  as  are  used  for  such  purpose,  and  if  the  result 
of  Mich  test  indicates  that  the  milk  has  been  adulterated  or  deprived  of  its  cream, 
or  any  part  thereof,  the  same  shall  be  prima  facie  evidence  of  such  adulteration  in 
prosecutions  under  this  act 

14.  Mill:  analyses.  If  the  said  inspector  shall  deem  it  necessary,  he  shall  cause 
such  milk  to  be  analyzed,  the  result  of  which  analysis  he  shall  record  and  keep  as 
evidence,  and  a  certificate  of  such  result,  .-worn  to  by  the  analyzer,  shall  be  admis- 
sible in  evidence  in  prosecution  under  this  act  The  expense  of  Buch  analysis,  not 
exceeding  fifteen  dollars  in  any  one  case,  may  be  included  in  the  costs  of  such  prose- 
cutions. 

15.  Prosecutions.  It  shall  be  the  duty  of  the  inspector  of  milk  to  commence  pro- 
ceedings in  the  name  of  the  board  of  health  for  any  violations  of  the  provisions  of 
this  act,  from  hi>  own  Knowledge,  or  on  information  of  any  person  giving  satisfac- 
tory evidence  to  him  of  BUCh  violations,  before  any  mayor,  deputy  mayor  or  alder- 
man of  said  eities. 

10.  Disposition  of  fines;  nonpayment*    The  recovery  of  ones  or  penalties  imj 
and  inflicted  on  any  person  by  the  provisions  of  this  act,  shall  be  for  the  use  of  Baid 
board  of  health,  and  upon  nonpayment  of  the  tine-  or  penalties  imposed  and  inflicted 

■fl  aforesaid,  BUCh  person  -hall  he  committed  to  the  county  jail  for  a  period  not 
exceeding  thirty  day-. 

17.  Additional  penalties.  That  in  addition  to  the  fines  mentioned  in  the  foregoing 
sections  of  tin-  act,  any  person  oi  persons  violating  the  same  -hall  be  deemed  guilty 


518  POODS    AND    FOOD    CONTROL. 

of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  liable  to  a  fine  of  not  less 
than  fifty,  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  ten,  nor  more  than  thirty  days,  or  both,  or  either,  at  the  discre- 
tion of  the  court. 

Laws  of  1885;  Brightly's  Purdon's  Digest,  vol.  2,  p.  1332. 

Sec.  1.  Manufacture  and  sale  of  butter  substitutes.  No  person,  firm  or  corporate  body 
shall  manufacture  out  of  any  oleaginous  substance  or  any  compound  of  the  same,  other 
than  that  produced  from  unadulterated  milk,  or  of  cream  from  the  same,  any  article 
designed  to  take  the  place  of  butter  or  cheese  produced  from  pure,  unadulterated 
milk,  or  cream  from  the  same,  or  of  any  imitation  or  adulterated  butter  or  cheese, 
nor  shall  sell  or  offer  for  sale,  or  have  in  his,  her  or  their  possession,  with  intent  to 
sell  the  same  as  an  article  of  food. 

2.  Sales  declared  void.  Every  sale  of  such  article  or  substance,  which  is  pro- 
hibited by  the  first  section  of  this  act,  made  alter  this  act  shall  take  effect,  is  hereby 
declared  to  be  unlawful  and  void,  and  no  action  shall  be  maintained  in  any  of  the 
courts  of  this  state  to  recover  upon  any  contract  for  the  sale  of  any  such  article  or 
substance. 

Sec.  3.  Penalty;  disposal  of  fines.  Every  person,  firm  or  corporate  body  who  shall 
manufacture,  sell  or  offer  or  expose  for  sale,  or  have  in  his,  her  or  their  poeBessioi), 
with  intent  to  sell,  any  substance,  the  manufacture  and  sale  of  which  is  prohibited  by 
the  first  section  of  this  act  shall,  for  every  such  offense,  forfeit  and  pay  the  sum  of 
one  hundred  dollars,  which  shall  be  recoverable,  with  cost-,  by  any  person  suing  in 
the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by  law  recoverable,  one- 
half  of  which  sum  when  so  recovered  shall  be  paid  to  the  proper  county  treasurer 
for  the  use  of  the  county  in  which  the  suit  is  brought,  and  the  other  half  shall  be 
paid  to  the  Dairy  and  Food  Commissioner,  or  his  agent,  and  by  him  covered  into 
the  State  Treasury  to  be  kept  as  a  fund,  separate  and  apart,  for  the  use  of  the  Depart- 
ment of  Agriculture  for  the  enforcement  of  this  act,  and  to  be  drawn  out  upon 
warrants  approved  and  signed  by  the  Secretary  of  Agriculture  and  the  Auditor 
General. — As  amended  Jinn-  :/<;,  1896. 

Skc.  4.  Penalty  for  violation  of  sec.  /.  Every  person  who  violates  the  provisions 
of  the  first  section  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  a  line  of  not  less  than  one  hundred  dollars  nor  more 
than  three  hundred,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  QOr 
more  than  thirty  days,  or  hot h  such  fine  and  imprisonment  for  the  Brsl  offence, 
and  imprisonmenl  tor  one  year  for  every  subsequent  offence. 

Skc.  .">.    Reports  Of  violations  Of  act.      It  shall  he  the  duty  Of  constables  of  the  several 

cities,  boroughs,  wards  and  townships  of  this  commonwealth,  to  make  quarterly 

reports,  under  oath,  to  the  courts  of  quarter  sessions,  "fall  violations  of  any  of  the 

provisions  of  this  ad  Which  may  come  or  be  brought  to  their  notice  ;  and  it  shall  be 

the  duty  of  the  judges  of  the  said  courts  to  see  that  the  Baid  nturn-  arc  made  regu- 
larly and  faithfully. — Sect,  l -•"»,  approved  May  //,  1886. 

,6(1).   Use  of  dairy  products  in  charitabU  or  penal  institutions.     It  shall  nol  be 

lawful    for  any  charitable  Or  penal    institution  in  the  State  of   Pennsylvania  to  use  or 

furnish  to  its  inmates,  any  suhstancc,  the  manufacture  or  sale  of  which  is  prohibited 

ction  one  of  the  act,  entitled  u  An  act  for  the  protection  oi  the  public  health  and 
to  prevent  the  adulteration  of  dairy  products  and  Fraud  in  the  sale  thereof,'1  approved 
.Ma\  twenty-first,  Anno  Domini  one  thousand  eight  hundred  and  eighty-five  (p. 
::i  i        Approved  M<>>/  /.;,  t893. 

I,  Penalty  for  buying.  An\  officer,  agent,  steward  oi  other  official  of  any 
such  charitable  or  penal  institution,  who  -hall  knowinglj  buy  any  substance  the 
manufacture  or  sale  of  which  i-  prohibited  bj  Bection  one  of  the  said  act  of  May 
twenty-one.  Anno  Domini  one  thousand  eight   hundred  and  eighty-five,  for  use  in 


PENNSYLVANIA.  519 

such  charitable  or  penal  institution,  or  who  shall  knowingly  cause  such  substance  to 
be  used  by  the  inmates  of  such  charitable  or  penal  institution,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding 
one  thousand  dollars,  or  imprisonment  not  exceeding  two  years  for  each  offense,  or 
either  or  both,  at  the  discretion  of  the  court. — Approved  May  23,  1893. 

Sec.  8  (3).  Penalty  for  selling.  Every  person  who  shall  knowingly  sell  or  offer  for 
sale,  to  any  officer,  agent,  steward  or  other  official  of  any  charitable  or  penal  institution 
any  substance,  the  manufacture  or  sale  of  which  is  prohibited  by  section  one  of  the 
Bald  act  of  May  twenty-first,  Anno  Domini  one  thousand  eight  hundred  and  eighty- 
five,  for  use  in  such  charitable  or  penal  institution,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars  or  by  imprisonment  not  exceeding  two  years,  or  either  or  both,  at 
the  discretion  of  the  court. — Approved  May  23,  1893. 

Sec.  9  (1).  Enforcement  of  dairy  laws.  The  State  Board  of  Agriculture  be  and  is 
hereby  empowered  and  charged  with  the  enforcement  of  the  provisions  of  the  act, 
entitled  "An  act  for  the  protection  of  the  public  health,  and  to  prevent  the  adultera- 
tion of  dairy  products  and  fraud  in  the  sale  thereof,"  approved  May  twenty-first, 
Anno  Domini  one  thousand  eight  hundred  and  eighty-five,  and  with  the  enforcement 
of  all  other  laws  now  enacted,  or  hereafter  to  be  enacted,  prohibiting  or  regulating 
the  adulteration  or  imitation  of  butter,  cheese  or  other  dairy  products. — Approved 
May  26,  1893. 

Sec.  10  (2).  Dairy  and  food  commissioner.  For  the  purpose  of  securing  the  enforce- 
ment of  the  provisions  of  the  said  laws  concerning  dairy  products,  the  president  of 
the  State  Board  of  Agriculture  be  and  hereby  is  authorized  and  empowered  to  appoint 
an  agent  of  the  said  Board,  who  shall  be  known  by  the  name  and  title  of  the  "Dairy 
and  Food  Commissioner,"  who  shall  hold  his  office  for  the  term  of  two  years,  or 
until  his  successor  shall  be  duly  appointed  and  qualified,  and  shall  receive  a  salary 
of  two  thousand  dollars  per  annum  and  his  necessary  expenses  incurred  in  the  dis- 
charge of  his  official  duties  under  this  act.  The  said  agent  shall  be  charged  under 
the  direction  of  the  said  Board  with  the  execution  and  enforcement  of  all  laws  now 
enacted,  or  hereafter  to  be  enacted,  in  relation  to  the  adulteration  or  imitation  of 
dairy  products. — Approved  May  26,  1893. 

Sac.  11  (3).  Assistants;  salaries.  The  said  agent  of  the  said  Board,  the  said  Dairy 
and  Food  Commissioner,  is  hereby  authorized  and  empowered,  subject  to  the 
approval  of  the  said  State  Board  of  Agriculture,  to  appoint  and  fix  the  compensation 
of  such  assistants,  agents,  experts,  chemists,  detectives  and  counsel  as  may  be 
deemed  by  him  necessary  for  the  proper  discharge  of  the  duties  of  his  office,  and  for 
the  discovery  and  prosecution  of  violations  of  the  said  laws:  Provided,  That  the 
entire  expenses  of  the  said  agent  and  of  all   hie  assistants,  agents,  experts,  chemists, 

detectives  and  counsel  (salaries  included),  shall  not  exceed  the  sum  appropriated 
for  the  purposes  «»i"  this  act.  —  Approved  May  96,  1893. 

i-  Inspection  and  sampling.    The  said  agent  of  the  state  Board  of  Agri- 

culture and  such  assistants,  agents,  experts,  chemists,  detectives  ami  counsel,  as  he 
shall  duly  authorize  for  the  purpose,  -hall  have  full  access,  egress  and  ingress  to  all 
place- of  business,  factories,  farm-,  buildings,  carriage*  and  cans,  used 

in  the  manufacture,  transportation  and  sale  of  any  dairy  products,  OI  Of  any  adul- 
teration or  imitation  thereof.  They  shall  also  have  power  and  authority  to  ..pen 
any  package,  can  or  vessel  containing  dairy  products,  "■"  any  adulteration  or  imita- 
tion thereof,  which  may  he  manufactured,  sold  or  exposed  for  sale,  in  violation  of 
any  of  the  provisions  of  any  act  now  enacted  or  which  may  be  hereafter  enacted  in 
relation  to  dairy  product-,  or  the  adulteration  or  imitation  thereof,  and  they  shall 
also  have  power  to  take  from  such  package,  can  or  ves-el.  samples  for  analysis. — 
Approved  May  ?6,  ti 

p.;,  |.-,      \1P.  ,;■...  ,,,  r,-(K> 5 


520  FooDS  AXD  FOOD  CONTROL. 

Sec.  13  (5).  Disposal  of  fines.  All  penalties  and  costs  received  by  the  said  state 
Board  of  Agriculture  for  violations  of  the  said  act  of  May  twenty-first,  Anno  Domini 
one  thousand  eight  hundred  and  eighty-live,  and  of  other  acts  now  enacted  or  here- 
after to  be  enacted,  prohibiting  or  regulating  the  adulteration  or  imitation  of  butter, 
cheese  or  other  dairy  products,  shall  be  appropriated  by  the  said  Board  to  the  pay- 
ment only  of  the  necessary  expenses  incurred  by  the  said  Dairy  and  Food  Commis- 
sioner and  his  assistants  and  agents  in  the  investigation,  discovery  and  prosecution 
of  violations  of  the  said  act. — Approved  May  26,  1893. 

>t<\  14  (6).  Payment  of  account*.  All  charges,  accounts  and  expenses  of  the  said 
Commissioner,  and  of  all  the  assistants,  agents,  experts,  chemists,  detectives  and 
counsel  employed  by  him,  shall  be  paid  by  the  Treasurer  of  the  State  in  the  same 
manner  as  other  accounts  and  expenses  of  the  said  State  Board  of  Agriculture  are 
now  paid  as  provided  by  law. — Approved  May  26,  1893. 

Sj;c.  15  (7).  Commissioner's  reports.  The  said  Commissioner  shall  make  annual 
reports  of  his  work  and  proceedings,  and  shall  report  in  detail  the  number  and  names 
of  the  assistants,  agents,  experts,  chemists,  detectives  and  counsel  employed  by  him, 
with  their  expenses  and  disbursements,  the  number  of  prosecutions,  the  number  of 
convictions  and  the  penalties  recovered  in  each  case,  which  report  shall  be  pre- 
sented to  the  said  State  Board  of  Agriculture  at  its  annual  meeting. — Approved  May 
26,  U 

Brightly' s  Purdon's  Digest,  1700-1894,  vol.  2,  pp.  1621,  1622. 

.>7.  (14.)  Registration  of  dairies,  etc.  It  shall  be  the  duty  of  the  Bureau  of  Health 
to  make  a  complete  registration  of  all  dairies  and  milk  depots  in  the  said  cities,  and  to 
require  the  names  of  the  owners  of  the  different  dairies,  or'of  the  persons  dealing  in 
milk,  to  be  legibly  placed  upon  each  vehicle  used  for  the  conveyance  of  milk,  and 
any  person  or  persons  refusing  or  neglecting  to  give  such  information,  or  to  place  his 
or  their  name  or  names  on  said  vehicles  as  aforesaid,  shall  be  liable  to  a  fine  of  not 
more  than  twenty  dollars  for  each  and  every  day  the  same  shall  be  omitted. 

58.  |  L5.  Adulterated  milk  unlawful.  It  shall  be  unlawful  for  any  person  or  persons 
to  offer  for  sale,  exchange  or  delivery,  or  to  have  in  their  custody  or  possession,  with 
intent  to  sell,  exchange  or  deliver,  or  expose  or  offer  for  sale  or  exchange,  any  milk 
adulterated  with  water  or  other  substance,  or  any  milk  from  diseased  cows  or 
goats;  and  it'  any  person  or  persons  shall  violate  any  of  the  provisions  of  this  section, 
he.  ghe  of  they  shall  be  subject  to  all  the  penalties  prescribed  in  section  11"  of  this 
act,  and,  in  addition  thereto,  said  bureau  of  health  shall  have  the  power  and  author- 
ity to  seize,  condemn  ami  confiscate  such  milk. — At  amended  May  9,  1899,  Lair* 

of  1899,  No.  113,  SSC.  8,  p.  17 J. 

59.  (16.  i  Enforcement  of law.  It  shall  be  the  duty  of  the  said  Bureau  of  Health  to 
Bee  that  the  provisions  of  sections  fourteen  and  fifteen  of  this  act  are  enforced,  and 

lor  that  purpose  its  officers  -hall  have  the  right  at  all  times  t<>  enter  all  places  where 
milk  may  he  Bold,  or  stop  any  vehicle  used  in  conveying  the  same,  and  cause  a  sam- 
ple to  he  tested  or  analyzed. 

<>0.  17.  i  [forking  of  milk  wagons.  Any  person  or  persons  who  shall  in  any  of  said 
Cities  engage   in    or  carry  on   the  .-ale.   exchange,  or   traffic    in    milk,  shall  have  the 

i  vehicle  Erom  which  the  same  is  vended  conspicuously  marked  with  his, 
ber  or  their  names,  also  designating  the  locality  from  which  said  milk  is  obtained 
or  where  produced,  and  for  every  neglect  of  such  marking;  the  person  or  persons 

bo  neglecting  .-hall   he  Bubjecl  to  a  hue  not  exceeding  ten  dollars.     For  marking 
as  or  vehicles  s<»  as  to  convey  the  idea  that  said  milk  is  procured  from  or  pro- 
duced in  a  different  locality  than  it  really  is,  the  perBOD  or  persons  SO  offending  shall 

be  subject  toafinenol  exceeding  fifty  dollars.    The  addition  of  water  or  of  ice  to 


"  No  penalty  prescribed. 


PENNSYLVANIA.  521 

milk,  is  hereby  declared  an  adulteration,  and  any  milk  obtained  from  animals  fed 
on  distillery  waste  or  any  substance  in  a  state  of  putrefaction,  is  hereby  declared  to 
be  impure  and  unwholesome. 

Approved  June  26,  1895.  Laws  1895,  Act  258,  p.  350;  Brightly' s  Digest  of  Laws, 
1893-1903,  p.  557. 

Sec.  1.  Preserr(((ires  in  milk;  penalty.  The  sale  or  offering  for  sale  of  milk  for 
human  consumption  in  this  Commonwealth,  to  which  has  been  added  boracic  acid, 
salt  boracic  acid,  salicylic  acid,  salicylate  of  soda  or  any  other  acid  drug,  compound 
or  substance,  shall  be  a  misdemeanor  and  punishable  by  a  fine  of  not  more  than  one 
hundred  dollars,  or  an  imprisonment  not  exceeding  three  months,  or  both,  or  either, 
at  the  discretion  of  the  court. 

Law  of  June  26,  1895;  Brightly's  Digest  of  Laws,  1893-1903,  p.  439. 

2.  (1)  iTeservaHves  in  milk.  If  any  person,  iirni  or  corporate  body,  by  himself, 
herself  or  themselves,  or  by  his,  her  or  their  agents  or  servants,  shall  offer  for  sale, 
expose  for  sale,  sell,  or  have  in  possession  with  intent  to  sell,  for  human  consump- 
tion, milk  or  cream  to  which  has  been  added  boracic  acid  salt,  boracic  acid,  salicylic 
acid,  salicylate  of  soda,  formaline,  formaldehyde,  sodium  fluoride,  sodium  benzoate, 
or  any  other  compound  or  substance  for  the  purpose  of  preserving  or  coloring  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  the 
Court  of  Quarter  Sessions  of  the  proper  county  shall  be  sentenced  to  pay  a  line  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars,  or  to  undergo  an  imprison- 
ment not  exceeding  sixty  days,  or  both,  at  the  discretion  of  the  court. — As  amended 
April  19,  1901,  Lacs  1901,  Act  59,  p.  85. 

3.  (2)  Enforcemnd  of  act  The  agent  of  the  Department  of  Agriculture,  known 
as  the  Dairy  and  Food  Commissioner,  shall  be  charged  with  the  enforcement  of  all 
the  provisions  of  this  act,  and  shall  have  all  the  power  to  enforce  this  act  that  is 
given  him  to  enforce  the  provisions  of  the  act  by  which  he  receives  his  appointment. 

4.  (3)  Disposition  of  fines,  etc.  All  penalties  and  costs  for  the  violation  of  the  pro- 
visions of  this  act  shall  be  paid  to  the  Dairy  and  Food  Commissioner  or  his  agent, 
and  by  him  paid  into  the  State  Treasury,  to  be  kept  aa  a  fund,  Beparate  and  apart, 
for  the  use  of  the  Department  of  Agriculture  for  the  enforcement  of  this  act.  and  to 
be  drawn  out  upon  warrant  signed  by  the  Secretary  of  Agriculture  and  the  Auditor 
General. 

5.  (4)  Repeal.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

Approved  June  10,  1897.  Laws  1897,  Act  US,  p.  14l';  Brightly's  Digest  oi  Law.-. 
iv<;- 1903,  pp.  439-440. 

Sac.  l.  Adulterated  cheese.     No  person,  firm  or  corporate  body  shall  manufacture, 

Bell,  Offer  lot  Bale  or  have  in  his  or  their  possession  with  Intent  to  sell,  any  cheese 
not  the  legitimate  product  of  pure,  unadulterated  milk  or  cream,  or  any  cheese  into 

which  any  foreign  fats  or  substances  have  been  Introduced  as  may  appear  upon 

proper  test. 

Sac.  2.  Grades  of  cheese;  branding.  All  cheese  manufactured  oi  -old  within  this 
Commonwealth  shall  be  divided  into  five  grades,  and  shall  be  branded  or  Btenciled 

in  ordinary  hold-faced  capital  letters,  not    less  than  <  Kk-ii  \i  r  inch   in  height  on  one 

side  of  each  chee.-e,  and  upon  one  side  of  the  box  or  case  containing  the  cheese,  the 
manufacturer's  name  and  postoffice  address,  and  the  words  "  Fi  1 1  Cbbam,"  "Thru- 

FOURTHS  Cu AM,"  "OnB-HALF  CrBAM,"  "<  >m:-i  oi  i;i  ii  Ci;i\m,"  and  "SkIMMID 
ChSEBX."      All  cheese  branded  "Fui  lCrSAM"  shall  contain  not  toSB  than  thirty -two 

per  centum  of  butter  Eat,  as  may  appear  croon  proper  test    All  cheese  branded 


522  POOD6    AND    FOOD    CONTROL. 

•'Tiikkk- fourths  Cream"  shall  contain  not  less  than  twenty-four  per  centum  of 
butter  fat,  as  may  appear  upon  proper  test.  All  cheese  branded  "One-half  Cream" 
shall  contain  not  less  than  sixteen  per  centum  of  butter  fat,  as  may  appear  upon 
proper  test.  All  cheese  branded  "One-fourth  Cream"  shall  contain  not  less  than 
eight  per  centum  of  butter  fat.  as  may  appear  upon  proper  test.  All  cheese  contain- 
ing less  than  eight  per  centum  of  butter  fat,  as  may  appear  upon  proper  test,  shall  he 
branded  "Skimmed  Cheese:"  Provided)  however,  That  all  full-cream  cheese  sold, 
shipped  or  consigned  to  dealers  outside  of  the  Commonwealth  of  Pennsylvania  may 
be  branded,  or  stenciled,  or  not,  as  required  by  this  act.  at  the  option  of  the  mann- 
facturer.—  Amendment  of  Ma;/  2,  1901,  Lctivs  1901,  Ad  :<'>.  />.  128. 

Sbc.  •"').  PenaUiet.  Every  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  act  shall,  for  every  such  offense,  forfeit,  and  pay  the  sum  of  not  less 
than  fifty  dollars,  nor  more  than  one  hundred  dollars,  together  with  all  charges  and 
expenses  for  inspection  and  analysis  connected  therewith,  by  any  person  suing 
therefor  in  the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by  law 
recoverable;  and  justices  of  the  peace  and  aldermen  throughout  this  Commonwealth, 
shall  have  jurisdiction  to  hear  and  determine  all  actions  arising  under  the  provisions 
of  this  act,  and  all  cheese  not  in  accordance  with  this  act  shall  be  subject  to  forfeiture 
and  spoliation:  Provided,  That  the  Department  of  Agriculture,  through  its  officers, 
known  as  the  Dairy  and  Food  Commissioner,  together  with  his  deputies,  agents  and 
assistants,  shall  be  charged  with  the  enforcement  of  the  provisions  of  this  act,  and 
shall  have  authority  to  enter  any  building  or  factory  where  the  same  is  sold  or  manu- 
factured or  exposed  for  sale,  and  shall  have  the  right  to  take  samples  sufficient  for 
analysis,  upon  tendering  the  value  thereof.  All  lines  and  penalties,  including  also 
all  charges  for  inspection  and  analysis,  shall  be  paid  to  the  Dairy  and  Food  Commis- 
sioner, his  deputies,  agents  or  assistants,  and  by  him  immediately  covered  into  the 
State  Treasury,  and  so  much  of  said  fund  as  may  be  neces.-ary  for  the  enforcement  <>i 
this  act  shall  be  drawn  out  upon  warrants  signed  by  the  Secretary  of  Agriculture  and 
Auditor  General:  Provided,  That  the  provisions  of  this  act  shall  not  he  construed  to 
apply  to  such  cheese  as  is  known  as  "fancy"  cheese  and  is  under  five  pounds  in 
weight,  each;  or  to  what  is  known  as  cottage  cheese  or  pot  cheese,  and  do  not  con- 
tain anything  injurious  to  health. 

1.   This  act  shall  take  effect  sixty  days  after  its  approval  by  the  Governor  of 
the  Commonwealth. 

Approved  June  23,  1897.  Laws,  1897,  Act  164,  p.  202;  Brightly^  Digest  of  Laws, 
L893-1904,  pp.  111-112. 

26.  (l)   Label  for  renovated  butter.      No  person,  firm,   or  corporate  body  shall, 

within  this  Mate,  -ell,  or  oiler-  or  expose  lor  sale,  or  have  in   his,  her  or  their  p 
sion  with  intent  to  sell,  any  butter  not   labeled   in  compliance  with  the  pn>\  i-ions  of 

this  act.     Butter  produced  by  taking  original  packing  stock  and  other  butter  and 

melting  the  Same,  SO  thai  the  butter  oil  can  be  dram  □  off,  mixed  with  skimmed  milk 
OF  other  material,  and  by  emulsion  or  other  process  produce  butter,  and  butter  pro- 
duced   by  any  similar   process,  and   commonly  known  as   "  Boiled "   or    "  Pro© 
I. utter.   Bhall    before  sale,   and    before  being  offered   Or  exposed    l'  r  Bale,  ami    while 
in    the    possession   of  any    person,    flr r  corporate  body    with    intent    to   sell    the 

same,  he  plainly  labeled  "  Renovated  butter,"  in  the  manner  prescribed  by  this  act 

If  -old,  offered  or  exposed  for  -ale.  or  in    pOSfi e— ion  ..f  any  person,   lirm  «-r  corporate 

body  with  intent  to  sell  the  same  in  prints  or  rolls,  the  prints  or  roll-  -hall  becovered 
by  \\  rappers,  on  which  Bhall  be  printed  inconspicuous  letters  the  words  u  Renovated 
Butter."     if  packed  in  tubs  or  other  receptacles,  and  sold  or  offered  or  exposed  for 

sale  or  held  in  the  pOflOOariOP  of  :mv  person,  linn  or  corporate  body  with  intent  to 
sell  the  same,  the  said  words  shall  be  printed  in  one-inch  letters  on  the  top  and  two 


PENNSYLVANIA.  523 

sides  of  the  tub  or  receptacle;  if  uncovered  and  not  contained  in  a  tub  or  other  recep- 
tacle, and  sold  or  offered  or  exposed  for  sale,  or  held  in  the  possession  of  any  person, 
firm,  or  corporate  body  with  intent  to  sell  the  same,  a  placard  containing  the  said 
words  shall  be  attached  to  the  mass,  in  a  manner  making  them  plain  and  prominent. 

27.  (2)  Penalties;  inspection  authority.  Every  person,  firm,  or  corporate  body  who 
shall  violate  any  of  the  provisions  of  this  act  shall,  for  every  such  offense,  forfeit  and 
pay  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  which  shall 
be  recoverable  with  costs,  including  expenses  of  inspection  and  analysis,  by  any  per- 
son suing  in  the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by  law 
recoverable:  Provided,  That  the  Department  of  Agriculture,  through  its  officer 
known  as  the  Dairy  and  Food  Commissioner,  together  with  the  deputies,  agents  and 
assistants,  shall  be  charged  with  the  enforcement  of  this  act,  and  shall  have  full 
-  to  all  places  of  business,  factories,  buildings,  carriages,  cars,  vessels,  barrels, 
and  packages  of  whatever  kind,  used  in  the  manufacture  and  transportation  and  Bale 
of  any  butter,  or  of  any  adulteration  or  imitation  thereof.  They  shall  also  have 
power  and  authority  to  open  any  package,  barrel  or  vessel  containing  any  butter,  or 
any  adulteration  or  imitation  thereof,  which  may  be  manufactured,  sold,  or  offered 
or  exposed  for  sale,  or  held  in  possession  with  intent  of  the  holder  to  sell;  and  they 
shall  also  have  full  power  and  authority  to  take  the  samples  therefrom  for  analysis 
upon  tendering  the  value  of  said  samples.  And  all  charges,  accounts  and  expenses 
of  the  Department  for  the  enforcement  of  this  act,  through  the  said  commissioner 
and  his  deputies,  agents,  assistants,  chemists  and  counsel  employed  by  him  in  carry- 
ing out  the  provisions  of  this  act,  shall  be  paid  by  the  Treasurer  of  the  State  in  the 
same  manner  as  other  accounts  and  expenses  of  the  said  Department  are  paid.  And 
all  penalties  and  costs  for  the  violation  of  the  provisions  of  this  act  shall  be  paid  to 
the  Baid  Dairy  and  Food  Commissioner,  or  his  agents,  and  by  him  immediately 
covered  into  the  State  Treasury. 

2s.  (3)  Violation  of  act  a  misdemeanor;  penalty.  Every  person  who  violates  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  line  of  not  more  than  one  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  not  more  than  thirty  days,  or  both  fine  and 
imprisonment,  for  the  first  offense:  and  a  fine  of  one  hundred  dollars  and  imprison- 
ment for  thirty  days,  for  every  subsequent  offense:  Provided,  That  all  tines  and 
costs,  including  the  expense  of  inspection  and  analysis  imposed  under  this  section, 
shall  be  covered  into  the  state  Treasury,  as  provided  by  section  two  of  this  act;  and 
all  butter  sold  or  offered  or  exposed  for  sale,  or  held  in  the  possession  of  any  one 
with  intent  to  sell  the  same,  in  violation  of  the  provisions  of  this  act  shall  be  BUD* 
ject  to  forfeiture  and  spoliation. 

'2H.  (4)  Jurisdiction.  Magistrates  and  justices  of  the  peace  throughout  this  Com- 
monwealth shall  have  jurisdiction  to  hear  and  <  let  em  line  actions  arising  for  violations 
of  the  provisions  of  this  act,  and  to  hold  for  court  or  impose  the  penalties  provided 
therein,  subject  to  appeal  as  the  law  shall  direct.*1 

Law  of  May  1,  L899;  Brightiy's  Digest  of  Laws,  1893-1903,  p.  694. 

1.  Imitation  butter  prohibited;  proviso.  No  person,  firm  or  corporate  body,  by  him- 
self, herself  or  themselves,  or  by  his,  her  or  their  agents  or  servants,  shall  render  or 
manufacture,  Bell,  ship,  consign, offer  for  Bale,  expose  for  Bale,  or  have  in  his,  her 
or  their  possession,  with  intent  to  Bell,  any  article,  product  or  compound  made 
wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  Bubstance  or  compound  thereof, 
not  produced  from  unadulterated  milk  or  cream  from  the  same,  without  the  admix- 
ture or  addition  of  any  Eat  foreign   to  the  Baid  milk  or  Cream,  and  which  shall  be  in 

"This  act,  so  far  as  inconsistent,  is  repealed  b)  the  act  of  July  10,  1901,  see  p.  637. 


524  FOODS  AND  FOOD  CONTROL. 

imitation  of  yellow  butter,  produced  from  pure,  auadulterated"  milk  or  cream  of 
the  same,  with  or  without  coloring  matter :  Provided,  That  nothing  in  this  act  shall 
be  construed  to  prohibit  the  manufacture  or  sale,  or  offering  or  exposing  for  sale,  or 
having  in  possession  with  intent  to  sell,  oleomargarine  or  butterine  or  any  similar  sub- 
stance, free  from  coloration  or  ingredients  that  cause  it  to  look  like  butter,  and  in  a 
separate  and  distinct  form,  and  in  such  manner  as  will  advise  the  consumer  of  its 
real  character,  if  the  person,  firm  or  corporate  body  who  shall  manufacture,  sell  or 
offer,  or  expose  for  sale,  or  have  in  his,  her  or  their  possession,  with  intent  to  sell, 
any  of  the  said  substances,  shall  first  obtain  a  license,  and  pay  a  license  fee,  as  herein- 
after provided,  and  shall  in  all  other  respects  comply  with  the  provisions  of  this  act. 

'2.  Placard*  and  labels  for  oleomargarine.  It  shall  be  unlawful  for  any  person,  firm 
or  corporate  body  to  sell  or  offer,  or  expose  for  sale,  or  have  in  possession  with  intent 
to  sell,  oleomargarine,  butterine  or  any  similar  substance,  not  marked  and  distin- 
guished on  the  outside  of  each  tub,  package  or  parcel  thereof,  in  a  conspicuous  place, 
by  a  placard  with  the  word  "oleomargarine"  or  ''butterine,"  and  not  having  also 
upon  every  open  tub,  package  or  parcel  thereof,  in  a  conspicuous  place,  a  placard 
with  the  word  "oleomargarine"  or  "butterine,"  such  placard  in  each  case  to  be 
printed  in  plain,  uncondensed  gothic  letters,  not  less  than  one  inch  long,  and  such 
placard  shall  not  contain  any  other  words  thereon,  and  every  print  or  roll  shall  be 
wrapped  in  wrappers  plainly  stamped  on  the  outside  thereof  with  the  words  "oleo- 
margarine" or  '"butterine,"  and  where  oleomargarine  or  butterine  or  other  similar 
product  is  sold  from  solid  packages,  before  being  delivered  to  the  purchaser  it  shall 
be  wrapped  by  the  seller  thereof  in  a  wrapper  plainly  stamped  on  the  outside  thereof 
"oleomargarine"  or  "butterine,"  and  said  wrapper  shall  contain  no  other  words. 

.'».  License  for  sale  of  oleomargarine;  display  of  same;  expiration;  definitions.  Every 
person,  firm  or  corporate  body,  and  every  agent  of  such  person,  firm  or  corporate 
body,  who  shall  manufacture,  sell  or  offer,  or  expose  for  sale,  or  have  in  his.  ber 
or  their  possession  with  intent  to  sell,  oleomargarine,  butterine  or  any  similar  sub- 
stance, shall  first  obtain  from  the  Department  of  Agriculture  through  its  agent, 
the  hairy  and  Food  Commissioner,  a  license  authorizing  him,  her  or  them  to 
engage  in  the  manufacture  or  sale  of  oleomargarine  or  butterine  or  similar  sub- 
stance, for  which  said  license  he,  she  or  they  shall  pay,  if  a  manufacturer,  the 
annual  sum  of  one  thousand  dollars;  if  a  wholesaler,  the  annual  sum  of  five  hun- 
dred dollars;  and  if  a  retailer,  the  annual  sum  of  one  hundred  dollars;  if  a  res- 
taurant keeper,  or  a  hotel  proprietor,  the  annual  sum  of  fifty  dollars;  and  if  a  board- 
ing-house  keeper,  the  annual  sum  of  ten  dollars;  and  the  said  license  fee  when 
received  by  the  Dairy  and  Pood  Commissioner  or  his  agenl  shall  he  by  him  Imme- 
diately covered  into  the  State  Treasury.  And  after  obtaining  the  license  required 
by  this  section,  before  any  person,  firm  or  corporate  body  shall  manufacture,  sell  or 
offer,  or  expose  for  sale,  or  have  in  his,  her  or  their  possession  with  intent  to  sell, 
oleomargarine  or  butterine  or  any  similar  substance,  he.  she  or  they  shall  he  required 
to  procure  from  the  Department  of  Agriculture,  through  the  Dairy  and  Pood  Com- 
missioner, a  sign  or  signs,  as  the  Dairy  and  Pood  Commissioner  shall  determine! 
which  in  size  and  lettering  shall  he  as  the  Dairy  and  Pood  Commissioner  shall  direct, 
and  shall  be  uniform  throughout  the  Commonwealth,  clearly  setting  forth  that  he, 
she  or  they  are  engaged  in  the  manufacture  or  sale  of  oleomargarine  or  butterine  or 
any  other  similar  substance,  as  the  case  may  he  which  said  si<,rn  or  signs,  when  pro- 
cured, —  1 1 : 1 1 1  he  hung  Qp  in  a  conspicuous  place  or  places  <>n  tin'  walls  of  the  rooms  or 

store  m  which  the  oleomargarine  or  butterine  or  other  similar  substance  is  manufac- 
tured or  sold:  Pro\  ided,  That  peddlers  and  others  who  may  have  obtained  a  license 
as  herein  required,  and  who  -hall  sell,  offer  or  expose  for  -ale.  or  have  in  their  p 


I  x  is- 


"So  in  Statutes. 


PENNSYLVANIA.  525 

session  with  the  intent  to  sell,  oleomargarine  or  butterine  or  any  similar  sub- 
stance, upon  the  public  streets  or  ways,  may  sell  or  offer  or  expose  for  sale,  or  have  in 
their  possession  with  intent  to  sell,  the  same,  if  the  cart,  wagon  or  vehicle,  or  recep- 
tacle in  which  the  oleomargarine  or  butterine  or  other  substance  is  contained,  is 
marked  or  placarded  on  two  sides  of  the  exterior  of  said  vehicle  or  receptacle  in 
uncondensed  gothic  letters,  not  less  than  four  inches  in  length,  with  the  words 
"Licensed  to  sell  oleomargarine"  or  "  Licensed  to  sell  butterine,"  and  if  they  shall 
in  all  other  respects  comply  wTith  the  provisions  of  this  act.  All  licenses  under  this 
act  shall  expire  on  the  thirty-first  day  of  December  of  each  year;  but  licenses  may 
be  granted  the  first  of  any  month  for  the  remainder  of  a  year,  upon  the  payment  of 
a  proportionate  part  of  an  annual  license  fee.  Wholesale  dealers  within  the  meaning 
of  this  act,  shall  be  all  persons,  firms,  and  corporate  bodies  who  shall  sell  to  dealers, 
and  persons  who  shall  buy  to  sell  again,  and  all  persons,  firms  and  corporate  bodies 
who  make  sales  in  quantities  of  ten  pounds  and  over  at  any  time;  and  retail  dealers 
shall  be  all  persons,  firms  and  corporate  bodies  who  shall  sell  in  quantities  less  than 
ten  pounds. 

4.  Penalties.  Every  person,  firm,  or  corporate  body  who  shall  manufacture,  sell  or 
offer,  or  expose  for  sale,  or  have  in  his,  her  or  their  possession  with  intent  to  sell, 
oleomargarine  or  butterine  or  any  similar  substance,  in  violation  of  any"  the  provi- 
sions of  this  act,  or  who  shall  in  any  other  respect  violate  any  of  its  provisions  shall 
for  every  such  offense  forfeit  and  pay  the  sum  of  one  hundred  dollars,  which  shall 
be  recoverable,  with  the  costs,  including  the  expense  of  inspection  and  analysis,  by 
any  person  suing  in  the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by 
law  recoverable;  and  justices  of  the  peace  and  aldermen  throughout  this  Common- 
wealth shall  have  jurisdiction  to  hear  and  determine  all  actions  for  recovery  of  pen- 
alties, with  the  right  of  appeal  in  either  party  to  the  court  of  common  pleas,  as  pro- 
vided in  existing  laws  in  suits  for  penalties;  and  all  penalties  and  costs  imposed  and 
recovered  under  the  provisions  of  this  act  shall  be  paid  to  the  Dairy  and  Food  Com- 
missioner or  his  agent,  and  by  him  immediately  covered  into  the  State  Treasury. 
Any  person,  firm  or  corporation  who  shall  manufacture,  sell,  or  offer  or  expose  for 
sale,  or  have  in  his,  her  or  their  possession  with  the  intent  to  sell,  oleomargarine  or 
butterine  or  any  other  similar  substance,  in  violation  of  any  of  the  provisions  of  this 
act,  or  who  shall  iii  any  other  respect  violate  any  of  its  provisions,  shall  also  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  for  the  first 
offense  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  live  hundred 
dollars,  and  upon  his  conviction  for  any  subsequent  offense  shall  be  punished  by  a 
fine  n<>t  less  than  one  hundred  and  fifty  dollars  nor  more  than  live  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  normore  than  sixty 
days,  or  by  both  fine  and  imprisonment,  at  the  discretion  of  the  court;  and  all  tines 
imposed  upon  any  person  after  conviction  shall  be  paid  to  the  Dairy  and  Food  Com- 
missioner or  his  agent,  and  by  him  paid  into  the  State  Treasury. 

.">.  Enforcement.  The  Dairy  and  Food  Commissioner  shall  be  charged  with  enforce- 
ment of  all  the  provisions  of  this  act,  and  shall  have  the  same  power  to  enforce  its 
provisions  as  is  given  him  to  enforce  the  provisions  of  the  act  by  which  he  receives 
his  appointment. 

(J.  Fund/or  >  nfora  nu  nt.    The  money.-  paid  into  the  Treasury  under  the  provisions 
of  this  act  shall  constitute  a  special  fund  for  the  use  of  the  Department  of  Agricul- 
ture in  enforcing  this  law,  and  may  be  drawn  out  upon  warrants  signed   by  tl. 
retary  of  Agriculture  and  approved  by  the  Auditor  General. 

7.  Repeal.    All  acts  or  pan-  of  acts  inconsistent  with  this  act  are  hereby  repealed, 

but  the  repeal  of  said  acts  is  not    in  any  way  to  interfere  with  or  prevent   the  prOSe- 


"So  in  Statutes. 


526  FOODS  AND  FOOD  CONTROL. 

cution  to  final  termination  of  any  actions,  civil  or  criminal,  now  pending  for  viola- 
tions of  said  acts. 

Law  of  May  5,  1899;  Brightly's  Digest  of  Laws,  1893-1903,  pp.  687-689. 

6.  (1)  Adulterated  or  diluted  milk.  Whoever  by  himself  or  by  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  person,  sells,  exchanges  or  delivers,  or  has 
in  his  custody  or  possession,  with  intent  to  sell  or  exchange  or  dispense,  or  offers  for 
sale,  as  pure  milk,  any  milk  from  which  the  cream  or  any  part  thereof  has  been 
removed,  or  which  has  been  adulterated  or  changed  in  any  respect  by  the  addition 
of  water  or  other  substance,  shall  be  liable  to  the  penalties  hereinafter  provided. 

7.  (2)  Skimmed  milk  must  be  labeled .  No  dealer  in  milk,  or  agent  of  such  dealer, 
shall  sell,  exchange  or  deliver,  or  have  in  his  custody  or  possession,  with  intent  to 
sell,  exchange  or  deliver,  milk  from  which  the  cream  or  any  part  thereof  has  been 
removed,  unless  in  a  conspicuous  place,  above  the  center,  on  the  outside  of  each 
vessel,  can  or  package  from  and  in  which  such  milk  is  sold,  conveyed  or  delivered 
the  words  "skimmed  milk"  are  permanently  soldered,  in  metallic  letters,  not  less 
than  one  inch  in  height:  Prodded,  That  in  case  of  the  delivery  of  skimmed  milk  in 
glass  bottles,  the  words  "skimmed  milk"  shall  be  blown  in  the  bottle,  in  letters  of 
not  less  than  one  inch  in  height. 

8.  (3)  Standard  for  skimmed  milk.  No  person  shall  sell,  exchange  or  deliver,  or 
have  in  his  custody  or  possession  with  intent  to  sell,  exchange  or  deliver,  skimmed 
milk  containing  less  than  eight  per  centum  of  the  milk  solids,  exclusive  of  butter  fat. 

9.  (4)  Care  of  milch  cows.  Every  person  who  shall  sell  or  offer  for  sale,  or  who 
shall  transport  or  carry  for  the  purpose  of  sale,  or  shall  have  in  his  possession  with 
intent  to  sell,  any  impure,  adulterated  or  unwholesome  milk,  and  every  person  who 
shall  adulterate  milk,  or  who  shall  keep  cows,  for  the  production  of  milk,  in  a 
crowded  or  unhealthy  condition,  or  feed  the  same  on  food  that  produces  impure, 
diseased  or  unwholesome  milk,  or  who  shall  feed  cows  on  distillery  waste,  usually 
called  "swill,"  or  upon  any  substance  of  an  unwholesome  nature,  or  who  shall  not 
allow  his  cows  free  movement  in  the  open  air,  at  pasture  (weather  permitting),  at 
least  four  hours  each  day,  shall  be  liable  to  the  penalties  provided. 

10.  (5)  Adulterations  and  unwholesome  conditions  sj^riji,, I.  The  addition  of  water. 
ice  or  any  other  substance  or  thing  is  hereby  declared  an  adulteration;  and  milk 
that  is  obtained  from  animals  that  are  fed  on  distillery  waste,  usually  called  "swill," 
or  upon  any  substance  in  a  state  of  decomposition,  or  upon  any  substance  of  an 
unwholesome  nature,  or  milk  that  has  been  exposed  to  or  adulterated  by  the  ema- 
nations, discharges  or  exhalations  from  persons  or  animals  having  any  contagious 
diseases,  by  which  the  health  or  life  of  any  person  may  be  endangered,  or  milk  from 
tuberculous  cows,  or  cows  suffering  from  any  febrile  disease,  is  hereby  declared  to  be 
impure  and  unwholesome. 

1  1.  (('})  Standard  for  milk.  No  person  shall  sell,  exchange,  or  deliver,  or  transport, 
or  have  in  his,  her  or  their  possession  for  the  purpose  of  sale  of,  any  milk  which  con- 
tains more  than  eighty-eight  per  centum  of  water,  and  less  fat  than  three  per  eentum, 

and  the  specific  gravity  of  which,  at  sixty  degrees  Fahrenheit,  is  not  between  one  and 

twenty-nine  thousandths  and  one  and  thirty-three  thousandths;  and  all  milk  of  lower 

grade  or  quality  than  is  established  by  this  section  shall  be  deemed  and  taken  and  is 
hereby  declared  to  be  adulterated  and  impure  v\  ithin  the  meaning  of  i hi-  act. 
18,  >7 1   /  examinations  and  certificates.    On  and  after  the  passage  of 

this  act,  for  all  milk  blOUghl  into,  or  offered  for  sale  in.  the  cities  Of  the  second  class, 
Satisfactory  evidence  shall  he  furnished  to  the  hiireau  of  health  by  the  producers  or 
dealers  that  said  milk  has  been  produced  hy  healthy  COWS,  and  especially  that  they 
are  \n-('  from  tuberculosis,  Which  conditions  of  health  shall  he  determined  hy  ex  ami- 
nations  and  tuberculin  tests  to  he  made  by  the  veterinarian  who  may  he  employed 


PENNSYLVANIA.  527 

by  the  proper  authorities  of  the  city.  After  examinations  have  been  made,  the  vet- 
erinarian shall  place  upon  each  animal  found  by  him  to  be  in  a  healthy  condition 
an  ear  tag,  to  be  furnished  by  the  bureau  of  health,  and  also  furnish  to  said  bureau 
a  certificate  setting  forth  that  each  of  said  animals  is  free  from  disease,  is  being  prop- 
erly fed,  and  that  the  premises  occupied  by  them  are  in  good  sanitary  condition. 
Subsequent  examinations,  tests  and  certificates,  as  aforesaid,  may  be  required  by  the 
superintendent,  whenever  in  his  opinion,  based  upon  reliable  information,  any  of 
said  animals  are  in  an  unhealthy  condition,  or  the  premises  occupied  by  them  are  in 
an  unsanitary  state;  and  the  superintendent,  his  officers,  agents  and  experts  shall  at 
all  times  have  full  and  free  access  to  any  place  or  places  where  such  animals  are 
kept,  for  the  purposes  aforesaid,  where  such  animals  and  the  milk  therefrom  are 
kept,  whether  such  places  be  within  or  beyond  the  limits  of  such  cities,  and  any  per- 
son impeding  such  access  shall  be  guilty  of  a  violation  of  this  act. 

13.  (8)  Licenses  for  milk  wagons;  records.  The  Superintendent  of  the  Bureau  of 
Health  shall,  on  or  before  the  first  day  of  September  of  each  year,  license  all  persons 
who  convey  milk  in  wagons,  or  otherwise,  for  the  purpose  of  selling  the  same  within 
the  cities  to  which  this  act  applies,  said  license  to  be  renewed  annually.  He  shall 
also  keep  a  record  of  the  names,  residences,  places  of  business,  numbeT  of  wagons 
or  other  vehicles  used  for  the  purpose,  the  name  and  residence  of  every  driver  or 
other  person  engaged  in  carrying  or  selling  milk  and  the  number  of  the  license.  The 
latter  shall  be  legibly  printed,  together  with  the  name  of  the  owner,  on  each  outer 
side  of  all  wagons  or  vehicle  used  in  conveyance  or  sale  of  milk,  in  letters  not  less 
than  four  inches  in  height.  He  shall  also  license  and  register  every  person  selling 
or  offering  milk  for  sale  in  a  store,  stand  or  market  place  within  the  city,  which 
license  shall  be  displayed  conspicuously  in  said  place  of  business.  The  dealer  or 
vender  shall,  upon  order  of  the  superintendent  of  the  bureau  of  health,  pay  into  the 
city  treasury  the  sum  of  one  dollar,  and  receive  therefor  a  receipt,  presentation  of 
which  at  the  office  of  the  bureau  of  health  shall  entitle  him  to  license:  Provided, 
That  all  the  provisions  and  requirements  of  section  seven  of  this  act  have  been  com- 
plied with. 

14.  (9)  Penalty.  Any  person  who  shall  engage  in  or  continue  the  sale  of  milk  in 
said  city  without  first  having  obtained  such  license,  or  who  shall  violate  any  of  the 
provisions  of  this  act,  shall  be  liable  to  a  penalty  of  not  less  than  ten  dollars  or  more 
than  twenty-live  dollars  for  the  firsl  offense,  and  a  penalty  of  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars  for  the  second  offense,  and  for  each  offense 
thereafter  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars.  All  lines 
and  penalties  imposed  by  this  act  shall  be  recoverable  by  summary  proceedings 
before  any  alderman  or  police  magistrate  in  any  of  said  cit  Les,  and  all  suits  or  actions 
at  law  instituted  for  the  recovery  thereof  shall  be  in  the  name  and  for  the  use  of  the 

city  within  or  against  which  the  offense  is  committed;  and  upon  recovery  thereof. 

all  such  lines  and  penalties  shall  be  paid  to  the  city  treasurer  thereof.      In  default  of 

the  payment  of  any  fine  or  penalty  imposed  by  any  alderman  or  police  magistrate, 
ander  the  provisions  of  this  act,  the  person  or  persons  so  offending  may  be  committed 
to  the  jail,  workhouse  or  other  penal  institution  of  the  county  in  which  said  city  is 
situated,  for  a  period  not  exceeding  thirty  days. 

15.(10)  /.'-/»'//.     All  acts  or  parts  of  acts  inconsistent  herewith  be  and  the  same 

are  hereby  repealed. 

Approved  May  L6,  L901.  Laws  L901,  Act  164,  pp.  221  224;  Brightly's  Digest  of 
Laws,  L893  L903,  pp.  140-441. 

V    (1)    /. ir,  us, -,,,<-,  Story  for  imitation  J, nil,  r  trail,  ;   m/uriinj;   lain  limj,  ,  (r.       No  pefBOn, 

firm  or  corporation  shall,  by  himself ,  her-. 'if  or  themselves,  or  by  his,  her  or  their 
agent  oi  servant,  aor  shall  any  officer,  agent,  servant  or  employe  of  any  person,  firm 


528  FOODS  AND  FOOD  CONTROL. 

or  corporation,  manufacture,  sell,  ship,  consign,  offer  for  sale,  expose  for  Bale,  oi 

have  in  possession  with  intent  to  sell,  oleomargarine,  butterine,  or  any  similar 
substance,  article,  product  or  compound,  made  wholly  or  partly  out  of  any  fats,  oils 
or  oleaginous  substance,  or  compound  thereof,  not  produced  from  pure  unadulterated 
milk,  or  cream  from  the  same,  without  the  admixture  or  addition  of  any  fat  foreign 
to  the  said  milk  or  cream,  and  which  shall  be  in  imitation  of  yellow  batter,  pro- 
duced from  pure,  unadulterated  milk,  or  cream  of  the  same,  with  or  without  coloring 
matter,  unless  such  person,  firm  or  corporation  shall  have  first  obtained  a  license 
and  paid  a  license  fee,  as  hereinafter  provided;  nor  unless  the  said  article,  product 
or  compound,  so  manufactured,  shipped,  consigned,  offered  for  sale,  exposed  for 
sale,  or  had  in  possession  with  intent  to  sell,  shall  be  made  and  kept  free  from  all 
coloration  or  ingredients  causing  it  to  look  like  yellow  butter;  nor  unless  the  same 
shall  be  kept  and  presented  in  a  separate  and  distinct  form,  and  in  such  manner  as 
will  advise  the  purchaser  and  consumer  of  its  real  character;  nor  unless  such  per- 
son, firm  or  corporation  shall  in  all  other  respects  comply  with  and  observe  the  pro- 
visions of  this  act. 

9.  (2)  Application  for  license;  fees;  wholesale  dealers.  Every  person,  firm  or  corpo- 
ration, and  every  agent  of  such  person,  firm  or  corporation,  desirimr  to  manufacture, 
Bell  or  offer,  or  expose  for  sale,  or  have  in  possession  with  intent  to  sell,  oleomarga- 
rine, butterine,  or  any  similar  substance,  not  made  or  colored  in  imitation  of  yellow 
butter,  shall  make  application  for  a  license  so  to  do,  in  such  form  as  shall  be  pre- 
scribed by  the  Department  of  Agriculture  through  its  agent,  the  Dairy  and  Food 
Commissioner;  which  application,  in  addition  toother  matters  which  may  be  required 
to  be  stated  therein  by  said  Dairy  and  Food  Commissioner,  shall  contain  an  accurate 
description  of  the  place  where  the  proposed  business  is  intended  to  be  carried  on, 
and  the  name  and  style  under  which  it  is  proposed  to  conduct  the  said  business.  1 1 
the  said  application  is  satisfactory  to  the  said  Dairy  and  Food  Commissioner,  and 
aaid  name  and  style  shall  not,  in  the  judgment  of  the  Dairy  and  Food  Commissioner, 
be  calculated  to  deceive  or  mislead  the  public  as  to  the  real  nature  of  the  business  so 
proposed  to  be  carried  on,  he  shall  issue  to  the  applicant  or  applicants  a  license, 
authorizing  him,  her  or  them  to  engage  in  the  manufacture  or  sale  of  oleomargarine, 
or  butterine,  or  any  similar  substance,  which  shall  not  contain  any  coloration  or 
client  that  causes  it  to  resemble  or  be  in  imitation  of  yellow  butter;  for  which 
said  license  the  applicant  or  applicants  shall  first  pay:  if  a  manufacturer,  the  annual 
-urn  of  on."  thousand  dollars;  it  a  wholesaler,  the  annual  sum  of  five  hundred  dol- 
lar-; and  if  a  retailer,  the  annual  sum  of  one  hundred  dollars;  if  a  proprietor  of  a 
hotel,  restaurant  or  dining-room,  the  animal  sum  of  titty  dollars;  and  if  a  proprietor 
of  a  boaiding-house,  the  annual  sum  of  ten  dollars;  and  the  said  license  fee,  when 
received  by  the  Dairy  and  Food  Commissioner  or  his  agent,  shall  be  by  him  immedi- 
ately covered  into  the  State  Treasury.  Such  license  shall  not  authorize  the  manu- 
facture or  sale,  exposing  for  sale,  or  having  in  poSPOSfliOP  with  intent  to  -ell,  oleomar- 
garine, butterine  or  any  similar  substance,  at  any  other  place  than  that  designated 

in  the  application  and  license;  and  the  -aid  license  -hall  not  authorise  the  manufac- 
ture, sale,  exposing  tor  Bale,  or  haying  in  possession  \\  ith  intent  to  sell,  any  oleomar- 
garine, butterine  or  any  similar  substance,  made  or  colored  BO  as  to  resemble  or  be 

in  imitation  of  vellow  butter. 

10.   Duration  of  license*.      All  licenses  under  this  act  shall  expire  on  the  t  hirty-lir-t 
day  of   December  of  each  year,  hut  licenses  may  be  granted  to  commence  on  the  first 

day  of  any  month  for  the  remainder  ..f  a  year,  upon  the  payment  of ;)  proportionate 
part  of  the  annual  license  fee;  >uch  licensee  may  be  transferred  by  the  Dairy  and 
Food  Commissioner  upon  the  application  in  w  ritingof  the  person,  firm  or  corporation 
to  which  the  Bams  has  hem  granted:  Provided,  The  transferee  -hall  comply  with  the 

regulations  made  by  the  said  Dairy  and  Food  Commissioner  in  regard  to  the  said 
trail  fer,  and  shall  thereafter  comply  with  the  provisions  of  this  act 


PENNSYLVANIA.  529 

11.  Wltolesale  and  retail  dealers  defined.  "Wholesale  dealers,  within  the  meaning  of 
this  act,  shall  be  all  persons,  firms  and  corporations  who  shall  sell  to  dealers,  and 
persons  who  shall  buy  to  sell  again,  and  all  persons,  firms  and  corporations  who 
make  sales  in  quantities  of  ten  pounds  and  over,  at  any  time;  and  retail  dealers 
shall  be  all  persons,  firms  and  corporations  who  shall  sell  in  quantities  less  than  ten 
pounds. 

12.  (3)  IHsplay  of  license;  signs,  and  placards.  After  obtaining  the  license  required 
by  this  act,  the  person,  firm  or  corporation  obtaining  the  same  shall,  before  begin- 
ning any  business  under  the  said  license,  hang  up  and  display,  in  a  conspicuous 
place,  on  the  walls  of  the  room  or  store  in  which  the  olemargarine,  butterine  or 
other  similar  substance  is  manufactured,  sold  or  exposed  for  sale,  the  licene 
obtained  as  aforesaid ;  and  shall  also  procure  from  the  Department  of  Agriculture, 
through  the  Dairy  and  Food  Commissioner,  a  sign  or  signs,  which  in  number,  size 
and  lettering  shall  be  as  the  Dairy  and  Food  Commissioner  shall  direct,  and  which 
shall  be  uniform  throughout  the  Commonwealth,  clearly  setting  forth  that  he,  she 
or  they  are  engaged  in  the  manufacture  or  sale  of  oleomargarine;  which  said  sign  or 
signs,  when  procured,  shall  be  hung  up  in  a  conspicuous  place  or  places  on  the  walls 
of  every  room  or  store  in  which  the  oleomargarine,  butterine  or  other  similar  suit- 
stance  is  manufactured  or  sold.  And  in  addition  to  such  sign  or  signs,  so  hung  up 
as  aforesaid,  every  proprietor  of  a  hotel,  restaurant,  dining-room  or  boarding-house, 
shall  also  have  conspicuously  placed,  upon  every  counter  or  table  at  which  food, 
meals  or  refreshments  are  served  to  customers  a  placard  plainly  printed,  in  letters 
not  less  than  one-half  inch  in  length,  stating  that  oleomargarine  is  used  and  served 
to  customers. 

IS.  (4)  Oleomargarine  placards.  It  shall  be  unlawful  for  any  person,  firm  or  corpo- 
ration, or  any  agent  thereof,  to  sell,  or  offer  or  expose  for  sale,  or  have  in  possession 
with  intent  to  sell,  any  oleomargarine,  butterine  or  similar  substance,  not  in  imita- 
tion of  yellow  butter,  which  is  not  marked  and  distinguished,  on  the  outside  of  each 
tul),  package  or  parcel  thereof,  in  a  conspicuous  place,  by  a  placard  with  the  word 
"OLEOMARGARIXK"  printed  thereon;  such  placard  to  be  placed  in  a  conspic- 
uous position,  in  full  view  of  the  purchaser,  and  the  said  word  "OLEOMARGA- 
RINE'5 on  such  placard  -hall  be  printed  in  plain,  uncondensed,  Gothic  letters.  Dot 
Leas  than  one  inch  long,  and  such  placard  shall  not  contain  any  other  words  thereon. 
And  there  shall  also  be  displayed  upon  every  open  tub,  package  or  parcel  containing 
such  oleomargarine,  butterine  or  similar  Bubst&nce,  not  in  imitation  of  yellow  butter, 
in  the  same  manner,  in  a  conspicuous  position,  a  placard  with  the  word  "OLEO- 
MARGARINE" printed  thereon,  in  the  same  form  as  above  described  in  th 
tion;  and  when  oleomargarine,  butterine  Or  other  similar  substance,  not  in  imitation 

of  yellow  butter,  i>  sold  from  tub  or  package,  or  otherwise,  at  retail,  in  print,  roll 
or  other  form,  before  being  delivered  to  the  purchaser  it  shall  he  wrapped  in 
wrappers,  plainly  stamped  on  the  outside  thereof  with  the  word  "OLEOMARGA- 
RINE," printed  (,r  stamped  thereon  in  letters  one-fourth  inch  square;  and  said 
wrapper  shall  also  contain  the  name  and  address  of  the  seller  and  the  quantity  .-old, 
and  do  other  words  thereon,  and  the  said  word  "<  d.lj  tMARGARIN]  tnped 

or  printed  on  the  -aid  w  rapper,  shall   not  he  in  any  manner  concealed,  hut   shall   he 

in  plain  view  of  the  purchaser  at  the  time  of  purchase. 

11.  (5)  Record*  of  oleomargarim  Bala.  Every  licensed  manufacturer  of  oleomarga- 
rine, butterine  orother  similar  product,  not  in  imitation  of  yellow  butter,  and  ever) 

licensed  Wholesale  dealer  therein,  -hall  keep  a  book  in  which  shall  he  entered  accu- 
rately every  -ale  and  shipmenl  of  oleomargarine,  butterine  or  other  similar  substance, 

not  in  imitation  of  yellow  butter;  giving  the  date  of  sale  and  shipim  nt.  the  quantit)  . 

the  persOD  to  whom  -old  and  -hipped,  the  place  to  which  -hipped,  and  the  name  of 

the  transportation  Line  by  which  shipped;  which  1 k  -hall  always  be  open  to  the 

examination  of  the  hairy  and  Pood  Commissioner,  hi-  agents,  attorney-  and  repre- 
sentatives. 


530  FOODS    AND    Food    CONTROL. 

15.  Records  of  dealers  in  oleomargarine.  Every  licensed  retail  dealer  in  oleo- 
margarine, butterine  or   similar  substance,  not  in  imitation  of  yellow  butter,  shall 

an  accurate  account,  in  a  book  open  to  the  examination  of  the  Dairy  and  Food 
Commissioner,  his  agents,  attorneys  and  representatives,  in  which  shall  be  entered 
the  date  of  the  receipt  of  all  purchases  of  oleomargarine,  butterine  or  any  similar 
Bubstanse,  made  by  such  retail  dealer;  stating  therein  where,  when  and  from  whom 
purchased,  and  the  quantity;  and  the  said  books,  so  to  be  kept  by  manufacturers, 
wholesale  and  retail  dealers,  shall  be  in  such  form  as  the  Dairy  and  Food  Commis- 
sioner shall  direct. 

16.  (6)  Penalties;  jurisdiction;  costs.  Every  person,  lirm  or  corporation,  and  every 
officer,  agent,  servant  and  employe  of  such  person,  firm  or  corporation,  who  shall 
manufacture,  sell  or  offer,  or  expose  for  sale,  or  have  in  possession  with  intent  to  sell, 
oleomargarine,  butterine  or  any  similar  substance,  in  violation  of  any  of  the  |  're- 
visions of  this  act;  or  who  shall  sell  oleomargarine,  butterine,  or  any  similar  sub- 
stance, as  or  for  butter:  or  who  shall  fail  to  keep  a  book,  in  accordance  with  the  last 
preceding  section;  or  who  shall,  in  any  other  respect,  violate  any  of  the  provision! 
of  this  act.  shall  for  every  such  offense  forfeit  and  pay  the  sum  of  one  hundred 
dollars,  which  shall  be  recoverable,  with  thecosts,  including  the  expense  oi  analysis, 
by  any  person  suing  in  the  name  of  the  Commonwealth,  as  debts  of  like  amount  are 
by  lav.  recoverable;  and  justices  of  the  peace  and  aldermen  throughout  this  Com- 
monwealth shall  have  jurisdiction  to  hear  and  determine  all  actions  for  recovery  oi 
said  penalties,  with  the  right  to  either  party  to  appeal  to  the  court  of  common  plea.-, 
a-  provided  in  existing  laws  in  suits  for  penalties.  And  all  penalties  and  costs 
imposed  and  recovered  under  the  provisions  of  this  act  shall  be  paid  to  the  Dairy 
and  Food  Commissioner,  or  his  agents,  and  by  him  immediately  covered  into  the 
State  Treasury,  to  he  paid  out  and  used  as  hereinafter  provided. 

17.  (7)  Additional  penalties.  In  addition  to  the  above  penalty,  every  person,  firm 
or  corporation,  and  every  officer,  agent,  servant  or  employe  of  such  person,  firm  oi 
corporation,  who  violates  any  of  the  provisions  of  this  ad  shall  also  he  guilty  of  a 
misdemeanor;  and  upon  conviction  thereof,  shall  he  punished  for  the  first  offense  by 
a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than  live  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  not  more  than  three  months,  or  both,  at  the 
discretion  of  the  court;  and  upon  conviction  of  any  subsequenl  offense,  shall  he 
punished  by  a  tine  of  not  less  than  live  hundred  dollars,  nor  more  than  one  thousand 
dollars,  and  by  imprisonment  in  the  county  jail  for  not  less  than  six  months  nor 
more  than  twelve  months. 

Is,  is)  Evidence  of  granting  of  license.  In  any  proceeding  under  this  act,  either  for 
the  collection  of  a  penalty  or  a  prosecution  tor  a  misdemeanor,  the  certificate  of  the 
Dairy  and  Food  Commissioner  and  the  Secretary  oi  Agriculture,  under  the  seal  oi 
the  Department  of  Agriculture,  shall  he  accepted  by  justices  of  the  peace,  aldermen, 
and  court  oi  record,  as  evidence  oi  the  granting  oi  licenses  to  manufacture  or  sell 
oleomargarine  or  butterine,  oroi  the  fact  that  no  such  license  has  been  granted  to 
any  particular  person,  linn  or  corporation. 

11).  (9)  Restraining  order  while  trial  is  pending.     Whenever  a  suit  for  the  collection 

oi  a    penalty,  under   the    provisions   oi    this   act,  shall    he   appealed    to  any  court    of 

I,  or  whenever  any  prosecution  for  a  misdemeanor  on  accounl  of  any  violation 
oi  the  provisions  of  this  act  ha-  been  returned  to  any  court  oi  quarter  sessions,  it 
-hall  he  lawful  for  the  Dairy  and  Food  Commissioner,  hie  agent  or  attorneys,  in 
the  person  or  persons  who  have  been  sued  for  such  penalty,  or  prosecuted  for 
-inh  misdemeanor,  have  since  the  commencement  of  such  suit  or  prosecution  again 
violated  any  of  the  provisions  oitbis  act,  to  apply  to  the  court,  having  jurisdiction 

of  -inh  appeal  or  of  such    prosecution,  or  to  any  law  judge  thereof,   by  petition,  Bet- 

ting  forth  tin-  facts,  ami  asking  the  said  court  to  make  an  order  commanding  ami 
re  training  the  person  or  persons,  bo  sued  or  prosecuted  as  aforesaid,  from  further 


PENNSYLVANIA.  531 

violating  any  of  the  provisions  of  this  act  until  such  time  as  the  said  suit  for  penalty 
or  the  said  prosecution  shall  have  been  finally  decided  and  determined;  and  there- 
upon the  said  court,  or  any  law  judge  thereof,  after  such  notice  to  such  person  or 
persons,  so  sued  or  prosecuted  as  aforesaid,  as  to  the  said  court  or  judge  may  appear 
proper,  and  after  inquiring  into  the  facts  alleged  in  said  petition,  shall,  if  satisfied 
that  any  violation  of  the  provisions  of  this  act  has  been  committed  by  such  person 
or  persons  since  the  commencement  of  said  suit  or  prosecution,  make  an  order  com- 
manding and  restraining  the  said  person  or  persons  from  any  further  violation  of  the 
provisions  of  this  act  until  such  time  as  the  said  suit  or  prosecution  shall  have  been 
finally  decided  and  determined;  and  in  case,  upon  the  final  determination  of  said 
suit  or  prosecution,  it  shall  appear  that  the  said  person  or  persons  had  incurred  the 
liability  to  payment  of  the  penalty  for  which  suit  had  been  so  brought,  or  has  been 
duly  convicted  of  a  misdemeanor  in  the  prosecution  so  commenced  as  aforesaid,  the 
said  court  or  law  judge  thereof  shall  make  the  aforesaid  order,  restraining  the  -aid 
person  or  persons  from  the  further  violation  of  the  provisions  of  this  act.  continuing 
and  permanent;  and  any  violation  by  any  person  or  persons  of  any  such  restraining 
order  of  such  court  or  judge,  whether  the  said  restraining  order  shall  be  made  during 
the  pendency  of  a  suit  for  penalty  or  of  a  prosecution  as  above  stated,  or  after  the 
final  determination  of  such  suit  or  prosecution  in  the  manner  aforesaid,  shall  be 
punishable  as  a  contempt  of  the  court  so  making  the  said  order;  and  the  said  court 
is  hereby  authorized  to  take  such  steps  for  the  punishment  of  such  contempt  as  may 
by  law  be  now  taken  for  disregarding  any  injunction  or  other  order  of  the  courts  of 
common  pleas  of  this  Commonwealth,  sitting  in  equity  and  exercising  equity  juris- 
diction. No  security  shall  be  required  on  the  part  of  the  petitioner  for  such  restrain- 
ing order,  and  the  costs  of  the  application  and  subsequent  proceedings  thereon  shall 
be  in  the  discretion  of  the  court. 

20.  (10)  Report  of  violations  of  law;  prosecutions.  It  shall  be  the  duty  of  every 
constable  in  any  city,  borough,  ward  or  township  of  this  Commonwealth,  having 
knowledge  of  any  violation  of  this  act,  or  whenever  requested  so  to  do  by  the  Dairy 
and  Food  Commissioner,  his  agent,  or  attorney,  or  by  any  citizen  of  this  Common- 
wealth, to  make  report  to  the  court  of  quarter  sessions  of  the  proper  county,  as  part 
of  his  quarterly  report  and  return  to  said  court,  of  the  name  ofevery  person,  linn  or 
corporation  known  by  him  to  have  violated  any  of  the  provisions  of  this  act.  or 
alleged  by  the  person  so  giving  notice  as  aforesaid  to  said  constable  to  have  violated 
any  of  the  provisions  of  this  act,  and  of  the  name-  of  all  witnesses  furnished  to  .-aid 
constable,  whose  testimony  it  is  alleged  will  sustain  or  prove  the  tact  of  such  viola- 
tion; and  it  shall  be  the  duty  of  the  judge  of  the  said  courts  t<>  make  inquiry  of 
all  constables,  at  the  time  of  the  making  of  their  quarterly  returns  to  the  court  of 
quarter  sessions,  as  to  whether  they  have  knowledge,  and  whether  notice  has  been 

given  to  them,  respectfully,  of  any  violation  of  this  act,  in  accordance  with  the  terms 

of  this  section;  and  whenever  BUCh  quarterly  reports  -hall  contain  the  name  of  any 

person  alleged  to  have  violated  the  provisions  of  this  act,  together  with  the  nam.-  of 
witnesses  to  prove  Buch  violations,  as  also  the  name  of  the  person  giving  notice  to 

the  constable  a-  aforesaid,  the  -aid  court  shall  direct  the  district   attorney  to  prepare 

an  indictment  against  everj  person  bo  named,  and  call  and  -end  the  w  itnesses,  whose 
name-  have  been  bo  returned,  before  the  grand  jury  then  sitting,  in  support  of  the 
said  indictment ;  and  it'  a  true  hill  shall  he  returned  by  the  grand  jury,  thereupon  to 
issue  a  summary  process  to  bring  in  the  person  bo  charged  to  answer  the  matters 
alleged  in  Mich  prosecution,  and  thereupon  proceed  to  trial  as  speedily  a-  possible, 
according  to  the  course  of  practice  in  the  said  court  of  quarter  sessions. 

21.  ill)  Prosecutions  instigated  by  citizens;  collaboration  of  dairy  and  food  comnris* 
noner.  The  Dairy  and  Pood  Commissioner  shall  be  charged  with  the  enforcement 
of  all  the  provisions  <>f  this  act;  but  any  citizen  of  the  Commonwealth,  ha\  ing  knowl- 
edge or  information  of  the  violation  of  any  of  the  provisions  ol  this  act,  may,  in  the 


532  FOODS    AND    FOOD    CONTROL. 

name  of  the  Commonwealth,  begin  a  suit  for  penalty  or  prosecution  for  misdemeanor, 
in  accordance  with  the  provisions  of  this  act,  and  may  prosecute  to  final  judgment 
any  such  suit  or  prosecution,  giving  notice  in  writing,  however,  to  the  Dairy  and 
Food  Commissioner  of  the  commencement  of  such  suit  or  prosecution,  immediately 
upon  the  commencement  of  the  same,  stating  the  nature  of  the  proceeding  and  the 
magistrate  before  whom  commenced;  and  shall,  in  like  manner,  report  to  the  Dairy 
and  Food  Commissioner  each  successive  step  taken  in  such  suit  or  prosecution;  and 
such  citizen  shall,  upon  complying  with  the  provisions  of  this  section,  be  entitled  to 
receive  one-half  of  any  penalty  or  fine  which  maybe  recovered  in  such  proceeding 
and  paid  to  the  Dairy  and  Food  Commissioner;  and  immediately  upon  the  receipt 
and  covering  into  the  treasury  of  any  such  penalty  or  fine,  recovered  and  paid  in 
any  proceeding  commenced  by  a  citizen  as  aforesaid,  the  Dairy  and  Food  Commis- 
sioner shall  pay  the  one-half  thereof  to  the  said  citizen,  so  commencing  said  pro- 
ceeding and  complying  with  the  provisions  of  this  section.  Such  citizen  shall  also 
be  entitled  to  recover  from  the  defendant  his  witness  fees  and  other  legal  costs  as 
fixed  by  law,  in  said  proceeding. 

22.  (12)  Disposition  of  fines,  etc.  The  money  paid  into  the  Treasury  under  the  pro- 
visions of  this  act  shall  constitute  a  special  fund,  for  the  use  of  the  Department  of 
Agriculture  in  enforcing  this  law;  and  may  be  drawn  out  upon  warrants  signed  by 
the  Secretary  of  Agriculture  and  approved  by  the  Auditor  General,  subject,  how- 
ever, to  the  payment  to  any  citizen  commencing  and  successfully  prosecuting  a  pro- 
ceeding for  any  violation  of  this  act,  under  the  last  preceding  section,  of  one-hall  of 
the  penalty  or  fine  so  recovered  in  such  proceeding  and  paid  into  the  State  Treasury. 

23.  (13)  Inspection  and  sampling.  The  Dairy  and  Food  Commissioner,  his  assist- 
ants, agents,  experts,  chemists,  detectives  and  counsel,  duly  appointed  by  him  for 
the  purpose,  shall  have  full  access,  egress  and  ingress  to  all  places  of  business,  fac- 
tories, farms,  buildings,  carriages,  cars,  vessels  and  cans,  used  in  the  manufacture, 
transportation  and  sale  of  any  dairy  products,  or  of  any  adulteration  or  imitation 
thereof;  and  shall  also  have  power  and  authority  to  open  any  package,  can  or  vessel 
containing,  or  which  may  be  supposed  to  contain,  oleomargarine,  buttcrine  or  other 
similar  substance,  or  any  adulteration  or  imitation  of  butter,  which  maybe  manu- 
factured, sold  or  exposed  for  sale  in  violation  of  any  of  the  provisions  of  this  act,  or 
of  any  act  which  may  be  hereafter  enacted  in  relation  to  butter  or  the  adulteration 
or  imitation  thereof;  and  they  shall  also  have  power  to  take  from  such  package,  can 
or  vessel  samples  for  analysis,  upon  paying  or  tendering  the  value  of  such  samples. 

24.  (14)  Bulletin  of  dairy  and  food  commissioner.  The  Dairy  and  Food  Commis- 
sioner shall  publish  a  semi-annual  bulletin,  and  distribute  the  same  in  the  same 
maimer  as  other  bulletins  of  the  Department  of  Agriculture  are  published  and  dis- 
tributed; which  semi-annual  bulletin  shall  contain  the  name  and  address  of  every 
person,  firm  or  corporation  to  whom  a  license  ha-  been  issued  for  the  manufacture 

oi-  sale  of  oleomargarine,  buttcrine  or  other  similar  substance;  and,  also,  a  tabulated 

statement  of  all  the  actions,  civil  or  criminal,  which  have  been  brought  for  the 

violations  of  this  act,  giving  the  name  and  address  of  the  defendant,  and  the  dispo- 
sition of  every  such  case. 

2;>.  (15)  Repeal     All  arts  or  parte  <>t'  acts  inconsistanl  with  this  act  are  hereby 

!.d;  hut  the  repeal  ..("said  ads  shall  not  in  any  way  interfere  with,  Or  prevent 

the  prosecution  to  final  termination  of,  any  actions,  civil  or  criminal,  no*  pending 
or  which  may  hereafter  be  commenced,  for  any  violation  of  said  acts  which  has 
already  been  committed. 

Approved  May  29,  L901.  Laws,  L901,  ad  208,  pp.  •■,.--,7  886;  Brightly*!  Digest  of 
Laws.  L893   L908,  pp. 

:to.  (l)  "Boiled"  or  "process"  butter  defined.  For  the  purposes  of  this  act  certain 
food  products,  usually  known  at  "boiled"  or  "process"  butter,  produced  by  taking 


PENNSYLVANIA.  533 

original  packing  stock  and  other  butter  and  melting  the  same  so  that  the  butter  oil 
can  be  drawn  off,  mixed  with  milk  or  skimmed  milk  or  other  material,  and  by 
emulsion  or  other  process  produce  butter,  aud  butter  produced  by  any  similar  pro- 
cess, and  commonly  known  as  "boiled"  or  "process"  butter;  and  which  "boiled" 
or  "process"  butter  for  the  purpose  of  this  act  shall  be  known  and  designated  as 
"renovated  butter." 

31.  (2)  License  for  trade  in  "renovated  butter;"  fees;  display  of  signs  and  license. 
Every  person,  firm  or  corporation,  and  every  agent  of  such  person,  firm  or  corpo- 
ration, who  shall  desire  to  engage  in  the  business  of  manufacturing  or  selling  "reno- 
vated butter,"  shall  first  make  application  to  the  Department  of  Agriculture  for  a 
license,  authorizing  him,  her  or  them  to  engage  in  the  manufacture  or  sale  of  "ren- 
ovated butter,"  and  such  application  for  license  shall  be  in  such  form  as  shall  be 
prescribed  by  the  Department  of  Agriculture  through  its  agent,  the  Dairy  and  Food 
Commissioner;  which  application,  in  addition  to  other  matters  which  may  be 
required  to  be  stated  therein  by  the  said  Dairy  and  Food  Commissioner,  shall  con- 
tain an  accurate  description  of  the  place  where  the  proposed  business  is  intended  to 
be  carried  on,  and  the  name  and  style  under  which  it  is  proposed  to  conduct  the 
said  business,  which  name  and  style  shall  not,  in  the  judgment  of  the  Dairy  and 
Food  Commissioner,  be  calculated  to  deceive  or  mislead  the  public  as  to  the  real 
nature  of  the  business  so  proposed  to  be  carried  on;  and  if  the  said  application  is 
satisfactory  to  the  said  Dairy  and  Food  Commissioner,  he  shall  issue  to  the  applicant 
or  applicants  a  license,  authorizing  him,  her  or  them  to  engage  in  the  manufac- 
ture or  sale  of  "Renovated  Butter,"  for  which  said  license  the  applicant  or  appli- 
cants shall  first  pay,  annually,  the  following  sum:  if  a  manufacturer,  the  annual 
sum  of  one  thousand  ($1,000)  dollars;  if  a  wholesale  dealer,  the  annual  sum  of 
Jive  hundred  ($50(J)  dollars;  if  a  retailer,  the  annual  sum  of  one  hundred  ($100) 
dollars;  if  a  restaurant  keeper  or  dining-room  proprietor,  or  a  hotel  proprietor,  the 
annual  sum  of  fifty  ($50)  dollars;  if  a  boarding  house  keeper,  the  annual  sum  of  ten  ($10) 
dollars;  and  the  said  license  fees,  when  received  by  the  said  Dairy  and  Food  Com- 
miasioner  or  his  agent,  shall  be  by  him  immediately  paid  into  the  State  Treasury. 
All  licenses  under  this  act  shall  expire  the  thirty-first  day  of  December  of  each  year, 
but  licenses  may  be  granted  to  begin  on  the  first  of  any  month,  for  the  remainder 
of  a  year,  upon  the  payment  of  a  proportionate  part  of  the  annual  license  tee. 

'.VI.  Wholesale  dealer  defined.  Wholesale  dealers,  within  the  meaning  of  this  act. 
shall  be  all  persons,  linns  or  corporations  who  shall  sell  to  dealers,  and  persons  who 
shall  buy  to  sell  again,  and  all  persons,  firms  and  corporations  who  make  sales  in 
quantities  of  ten  pounds  and  over  at  any  time.  An  agent  of  a  manufacturer  located 
outside  of  the  State,  and  taking  orders  within  this  State  for  such  "  Renovated  But- 
ter," to  be  delivered  from  the  factory  or  from  a  storage  house,  or  from  one  place  oi 
business  to  another  within  this  State,  shall  be,  within  the  meaning  of  this  act,  a 
wholesale  dealer. 

88.  Retail  dealer;  defined.  A  nd  retail  dealers  shall  be  all  persons,  firms  or  corpo- 
rations who  sell  in  quantities  of  less  than  ten  pounds.  Every  restaurant  keeper  or 
dining-room  proprietor  or  hotel  proprietor  or  boarding  house  keeper,  who  furnishes 
"Renovated  Butter"  as  part  of  the  meal  served  to  customers  or  guests,  shall  be 
regarded  as  a  dealer  in  "  Renovated  Butter.1' 

:J4.  Transfer  of  license.    Such  license  may  be  transferred  by  the  Dairy  and  l' 1 

Commissioner,  upon  the  application  in  writing  of  the  person,  firm  or  corporation  to 
which  the  same  has  been  -ranted,  provided  the  transferree  shall  comply  with  the 

provisions  of  this  act,  and  with  the   regulations  made  by  the  said  Dairy  and    l I 

Commissioner  in  regard  to  said  transfer.  Such  license  shall  nol  authorize  the  man- 
ufacture or  sale,  exposing  for  sale  or  having  In  possession  with  intent  to  sell, 
•■  Renovated  Butter"  at  any  place  other  than  that  designated  in  the  application  and 
license.     The  license,  procured  as  aforesaid,  -hall  be  hung  up  in  a  conspicuous  place. 


534  FOODS    AND    FOOD    CONTROL. 

in  the  place  of  business,  room  or  store  where  such  "  Renovated  Butter"  is  author- 
ized to  be  sold. 

35.  (3)  Sale  of  renovated  butter  on  the  street.  That  no  person,  linn  or  corporation 
shall  sell  or  offer  or  expose  for  sale,  or  have  in  his,  her  or  their  possession  with 
intent  to  sell,  any  "Renovated  Butter"  from  a  wagon  or  other  vehicle,  or  upon  the 
public  streets  or  roads,  or  from  house  to  house. 

.'{(>.  (4)  Signs  and  stencils.  Every  person,  firm  or  corporation  who  shall  obtain 
a  license  for  the  manufacture  or  sale  of  "  Renovated  Butter"  shall  also  be  required, 
before  engaging  in  such  manufacturing  or  sale,  to  procure  from  the  Dairy  and  Food 
Commissioner  a  sign  or  signs,  of  such  form,  size  and  lettering  as  the  Dairy  and  Food 
Commissioner  shall  determine,  and  which  shall  be  piriform «  throughout  the  Com- 
monwealth; which  said  sign  or  signs  shall  clearly  set  forth  that  he,  she  or  they  are 
engaged  in  the  manufacture  or  sale  of  "Renovated  Butter,"  and  which  sign  or  signs 
when  procured  shall  be  hung  up  in  a  conspicuous  place  or  places,  on  the  wall  of  each 
room  or  store  or  place  of  business  in  which  "Renovated  Butter"  is  manufactured  or 
sold;  and  in  addition  to  such  sign  or  signs,  so  hung  up  as  aforesaid,  every  restaurant 
keeper  or  dining-room  proprietor,  or  hotel  proprietor  or  boarding-house  keeper,  shall 
also  have  conspicuously  placed  upon  every  counter  or  table,  at  which  food,  meals  or 
refreshments  are  served  to  customers,  a  placard,  plainly  printed  in  letters  nol  less 
than  one-half  inch  in  length,  stating  that  "Renovated  Butter"  is  used  and  served 
to  customers.  Every  person,  firm  or  corporation  who  shall  obtain  a  license  as  a 
manufacturer  or  wholesale  dealer,  for  the  manufacture  or  sale  of  renovated  butter, 
shall  also  be  required,  before  engaging  in  such  manufacture  or  sale,  to  procure  from 
the  Dairy  and  Food  Commissioner  a  stencil,  of  such  form,  size  and  lettering  as  the 
Dairy  and  Food  Commissioner  shall  determine,  and  which  shall  be  uniform  through- 
out the  Commonwealth;  which  said  stencil  shall  designate  the  number  of  the  said 
license,  and  the  name  and  address  of  the  holder  thereof;  which  said  stencil  shall  be 
used  by  the  manufacturer  or  wholesale  dealer,  and  said  stencil  brand  shall  be  placed 
on  each  and  every  package,  before  being  sold  by  the  manufacturer  or  wholesale 
dealer  to  the  retailer.  If  any  package  of  renovated  butter  shall  be  found  in  the  pos- 
session  of  any  manufacturer  or  wholesale  dealer  or  retail  dealer,  without  the  said 
stencil  brand  being  found  thereon,  such  package  shall  be  seized  by  the  Hairy  and 
Food  <  'ommissioner  or  by  any  of  his  agents,  and  said  package  shall  In-  forfeited,  and 
shall  be  sold  by  the  Dairy  and  Food  Commissioner  or  his  agents,  and  the  proceeds 
thereof  paid  to  the  State  Treasurer,  for  the  use  of  the  Department  of  Agriculture. 

.'>7.  (5)  Placards, wrappers, etc.,  to  be  marked  "Itenovated  Butter."  It  shall  be  unlaw- 
ful for  any  person,  (inn  or  corporation,  or  any  agent  thereof,  to  sell,  or  offeror  expose 
lor -ale,  or  have  in  his,  her  or  their  possession  with  intent  to  sell,  any  "  Renovated 

Butter,"  not  marked  and  distinguished  on  the  outside  of  each  tub,  package  or  parcel 
thereof,  in  a  conspicuous  place,  by  a  placard  with  the  words  "  Renovated  Butter;" 
and  such  placard  shall  he  printed  in  plain,  uncondensed  gothic  letters,  not  less  than 

one-hall'  inch  long,  and  such  placard  shall  not  contain  any  other  words,  printing  or 
device  thereon;  and  also,  upon  every  open   tuh,  package  or  parcel,  containing  such 

•■  Renovated  Butter,"  there  shall  he  displayed  in  the  same  manner,  in  a  conspicuous 
place,  a  placard  with  the  wool-  "  Renovated  Butter"  printed  thereon,  in  the  same 
form, as  above  described  in  this  section;  and  when  "Renovated  Butter"  is  sold  from 
such  package,  or  otherwise,  at  retail,  in  print,  roll  or  other  form,  before  being  deliv- 
ered to  the  purchaser  it  .-hall  be  wrapped  in  wrappers,  plainly  stamped  on  the  out- 
side thereof  with  the  words  "Renovated  Butter,"  printed  or  stamped  thereon  in 
letter-  one-quarter  of  an  inch  square, and  such  \\  rapper  shall  contain  no  other  words 
or  printing  thereon;  and  the  said  words  *'  Renovated  Butter,"  so  Stamped  or  printed 
on  the  said  wrapped, <*  shall   not    he  in  any  manner  concealed,  but  shall    he  in   plain 

view  of  the  purchaser  at  time  of  purchase. 


">o  in  statutes. 


PENNSYLVANIA.  535 

38.  (6)  Record  of  sales  of  renovated  butter.  Every  person,  firm  or  corporation  who 
shall  have  obtained  a  license,  and  be  engaged  in  the  business  of  manufacturer  or 
wholesale  dealer  in  "Renovated  Butter,"  shall  keep  a  book,  in  which  shall  be 
entered  accurately  every  sale  and  shipment,  the  quantity  and  person  to  whom  sold 
and  shipped,  the  place  to  which  shipped  and  the  name  of  the  transportation  line  by 
which  shipped;  which  said  book  shall  be  always  open  to  the  inspection  of  the  Dairy 
and  Food  Commissioner,  or  his  agents,  attorneys  and  representatives.  Every  retail 
dealer  in  "  Renovated  Butter"  shall  keep  an  accurate  account,  in  a  book  open  to  the 
examination  of  the  Dairy  and  Food  Commissioner,  or  his  agents,  attorneys  and 
representatives,  in  which  said  book  shall  be  entered  the  date  of  the  receipt  of  all 
■purchases  of  "Renovated  Butter"  made  by  such  retail  dealer,  stating  therein  where 
and  from  whom  purchased,  and  the  quantity  so  purchased. 

39.  (7)  Penalties;  costs,  etc.  Every  person,  firm  or  corporation,  and  every  agent 
of  such  person,  firm  or  corporation,  who  shall  manufacture,  sell  or  offer,  or  expose 
for  sale,  or  have  in  his,  her  or  their  possession  with  intent  to  sell,  "  Renovated  But- 
ter," in  violation  of  the  provisions  of  this  act,  or  who  shall  in  any  other  respects 
violate  any  of  the  provisions  of  this  act,  shall  for  every  offense  forfeit  and  pay 
the  sum  of  one  hundred  ($100)  dollars,  which  shall  be  recoverable  with  the 
costs,  including  the  expense  of  the  inspection  and  analysis,  by  any  person  suing  in 
the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by  law  recoverable; 
and  justices  of  the  peace  and  aldermen,  throughout  this  Commonwealth,  shall  have 
jurisdiction  to  hear  and  determine  all  actions  for  recovery  of  penalties  for  violations 
of  the  provisions  of  this  act,  with  the  right  of  appeal  in  either  party  to  the  court  of 
common  pleas,  as  provided  in  existing  laws  in  suits  for  penalties;  and  all  penalties 
and  costs,  imposed  and  recovered  under  the  provisions  of  this  act,  shall  be  paid  to 
the  Dairy  and  Food  Commissioner  or  his  agents,  and  by  him  immediately  covered 
into  the  State  Treasury  to  be  paid  out  and  used  as  hereinafter  provided. 

40.  (8)  Additional  penalties.  In  addition  to  the  above  penalty,  every  person,  firm 
or  corporation,  and  every  agent  of  such  person,  firm  or  corporation,  who  violates 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  for  the  first  offense  by  a  fine  of  not  less  than  one  hun- 
dred ($100)  dollars,  nor  more  than  three  hundred  ($300)  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  thirty  (30)  days,  or  both,  at  the  discretion 
of  the  court;  and  for  the  second  offense,  by  a  fine  of  not  less  than  three  hundred 
($300)  dollars  and  not  exceeding  five  hundred  ($500)  dollars,  and  imprisonment  not 
exceeding  two  (2)  years. 

41.  (9)  Proof  of  license  for  renovated  butter  trade.  In  any  proceedings  under  this  act, 
either  for  the  collection  of  a  penalty  or  prosecution  for  a  misdemeanor,  the  certificate 
of  the  Dairy  ami  Food  Commissioner  and  the  Secretary  of  Agriculture,  under  the 
seal  of  the  Department  of  Agriculture,  shall  be  accepted  by  justices  of  the  peace. 

aldermen  and  courts  of  record  as  evidence  of  the  grant ing  of  a   license   to   manufae- 

t in e  or  sell  '■  Renovated  Butter,"  or  of  the  tact  that  no  such  license  lias  been  granted 
to  any  particular  person,  tirm  or  corporation. 

1*2.  (ID)  Restraining  order  pending  trial.  Whenever  a  suit  for  the  collection  of  a 
penalty,  under  the  provisions  of  this  act,  shall  be  appealed  to  any  court  of  record,  or 
whenever  any  prosecution  for  a  misdemeanor,  on  account  of  any  notation  of  the 
provisions  of  this  act,  has  been  returned  to  any  court  of  quarter  aemiona,  it  shall  be 
lawful  for  the  Dairy  and  Food  Commissioner,  hi.-  agenda  or  attorney-,  in  case  the 

person  or   persons  who  have  hceii  sued  for  such  penalty  or  prosecuted  for  such  misde- 
meanor have,  since  the  commencement  of  Buch  Buit  or  prosecution,  again  violated 

any  of  the   provisions  Of  this  act,  to  apply  to  the  court    having  jurisdiction  of  BUCh 

appeal  or  of  Buch  prosecution,  or  to  any  law  judge  thereof,  by  petition  Betting  forth 

the  facts,  and  asking  thfi  said   court   to  make  an  order  commanding  and   re-training 
10945— No.  69,  pt  ft— 06 t> 


536  FOODS  AND  FOOD  CONTROL. 

the  person  or  persons,  so  sued  or  prosecuted  as  aforesaid,  from  further  violating  any 
of  the  provisions  of  this  act  until  such  time  as  the  said  suit  for  penalty  or  the  said 
prosecution  shall  have  been  tinally  decided  and  determined;  and  thereupon  the  said 
court,  or  any  law  judge  thereof,  after  such'  notice  to  such  person  or  persons,  so  sued 
or  prosecuted  as  aforesaid,  as  to  the  said  court  or  judge  may  appear  proper,  and  after 
inquiring  into  the  facts  alleged  in  said  petition,  shall,  if  satisfied  that  any  violation 
of  the  provisions  of  this  act  has  been  committed  by  such  person  or  persons  since  the 
commencement  of  said  suit  or  prosecution,  make  an  order,  commanding  and  restrain- 
ing the  said  person  or  persons  from  any  further  violations  of  the  provisions  of  this 
act,  until  such  time  as  the  said  suit  or  prosecution  shall  have  been  tinally  decided  and 
determined;  and  in  case,  upon  the  final  determination  of  said  suit  or  prosecution,  it 
shall  appear  that  the  said  person  or  persons  had  incurred  the  liability  to  payment  of 
the  penalty  Cor  which  said  suit  had  been  so  brought,  or  has  been  duly  convicted  of  a 
misdemeanor  in  the  prosecution  so  commenced  as  aforesaid,  the  said  court  or  law 
judge  thereof  shall  make  the  aforesaid  order,  restraining  the  said  person  or  persons 
from  the  further  violation  of  the  provisions  of  this  act,  continuing  and  permanent; 
and  any  violation  by  any  person  or  persons  of  any  restraining  order  of  such  court  or 
judge,  whether  the  restraining  order  shall  be  made  during  the  pendency  of  a  suit  for 
penalty,  or  of  a  prosecution  as  above  stated,  or  after  the  final  determination  of  sucB 
suit  or  prosecution  in  the  manner  aforesaid,  shall  be  punishable  as  a  contempt  of  the 
court  so  making  the  said  order.  And  the  said  court  is  hereby  authorized  to  take  such 
steps  for  the  punishment  of  such  contempt  as  may  by  law  be  now  taken  for  disre- 
garding any  injunction  or  other  order  of  the  courts  of  common  pleas  of  this  Com- 
monwealth sitting  in  equity  and  exercising  equity  jurisdiction.  No  security  shall  be 
required  on  the  part  of  the  petitioner  for  such  restraining  order,  and  the  costs  <>\  the 
application  and  subsequent  proceedings  thereon  shall  be  in  the  discretion  of  the  court. 
43.  (11 )  Reports  of  violations  of  law;  prosecutions.  It  shall  be  the  duty  of  every  c.  »n- 
stable  in  any  city,  borough,  ward  or  township  of  this  Commonwealth,  having  knowl- 
edge of  any  violation  of  this  act,  or  whenever  requested  so  to  do  by  the  Dairy  and 
Food  Commissioner,  his  agent  or  attorney,  or  by  any  citizen  of  this  Commonwealth, 
to  make  report  to  the  court  of  quarter  sessions  of  the  proper  county,  as  part  of  his 
quarterly  report  and  return  to  said  court,  of  the  name  of  every  person,  linn  or  corpo- 
ration known  by  him  to  have  violated  any  of  the  provisions  of  this  act.  or  alleged  by 
the  person,  so  giving  notice  as  aforesaid  to  said  constable,  to  have  violated  any  of  the 
provisions  of  this  act,  and  of  the  names  of  all  witnesses,  furnished  to  said  constable, 
whose  testimony  it  is  alleged  will  sustain  or  prove  the  fact  of  such  violation.  And 
it  -hall  be  tin-  duty  of  the  judge  of  the  said  court  to  make  inquiry  of  all  constables, 
at  the  time  of  the  making  of  their  quarterly  returns  to  the  court  of  quarter  sessions, 
;i-  to  whether  they  have  knowledge,  and  whether  notice  has  been  given  to  them, 
respectively,  of  any  violation  of  this  act,  in  accordance  with  the  terms  of  this  sec- 
tion; and    whenever  such   quarterly  reports  shall   contain  the  name  of  any  person 

alleged  to  have  violated  the  provisions  of  this  act,  together  with  the  names  of  wit* 

aessee  to  prove  such  violations,  as  also  the  name  of  the  person   giving  notice  to  the 

constable,  m-  aforesaid,  the  said  court  shall  direct  the  district  attorney  to  prepare  an 
Lndictmenl  against  every  person  bo  named,  ami  call  ami  Bend  the  witnesses,  whose 

nam.-  have  been  BO  returned,  before  the  grand  jury  then  sitting,  in  support  of  the 
Bald  lndictmenl  J  and  if  a  true  hill  shall  be  returned  by  the  grand  jury,  thereupon  to 
ISSne  summary    process   to   bring  in   the   person   BO  Charged,  to  answer  the  matters 

alleged  in  such  indictment,  and  thereupon  proceed  to  trial  as  speedily  as  possible, 
according  to  the  course  of  practice  in  the  said  court  of  quarter  Bessions. 

11.  (12)  Prosecution  instigated  by  citizen;  collaboration  of  dairy  and  food  cotnmi8~ 
iioner;  fines,  costs,  etc  The  Dairy  and  Pood  Commissioner  shall  be  charged  with  the 
enforcement  of  all  the  provisions  of  this  act;  hut  any  citizen  of  the  Commonwealth, 


PENNSYLVANIA.  537 

having  knowledge  or  information  of  the  violation  of  any  of  the  provisions  of  this  act, 
may,  in  the  name  of  the  Commonwealth,  begin  a  suit  for  penalty  or  prosecution  for 
misdemeanor,  in  accordance  with  the  provisions  of  this  act,  and  may  prosecute  to 
final  judgment  any  suit  or  prosecution,  giving  notice  in  writing,  however,  to  tin- 
Dairy  and  Food  Commissioner  of  the  commencement  of  such  suit  or  prosecution 
immediately  upon  the  commencement  of  the  same,  stating  the  nature  of  the  pro- 
ceeding and  the  magistrate  before  whom  commenced,  and  shall  in  like  manner 
report  to  the  Dairy  and  Food  Commissioner  each  successive  step  taken  in  such  suit 
or  prosecution;  and  such  citizen  shall,  upon  complying  with  the  provisions  of  this 
section,  be  entitled  to  receive  one-half  of  any  penalty  or  fine  which  may  be  recovered 
in  such  proceeding  and  paid  to  the  Dairy  and  Food  Commissioner;  and  immediately 
upon  the  receipt  and  covering  into  the  treasury  of  any  such  penalty  or  fine,  recov- 
ered and  paid  in  any  proceeding  commenced  by  a  citizen,  as  aforesaid,  the  Dairy  and 
Food  Commissioner  shall  pay  the  one-half  thereof  to  the  said  citizen,  so  commenc- 
ing said  proceeding  and  complying  with  the  provisions  of  this  section.  Such  citizen 
shall  also  be  entitled  to  recover  from  the  defendant  his  witness  fees  and  other  legal 
costs,  as  fixed  by  law,  in  said  proceeding. 

45.  (13)  Disposition  of  fines,  etc.  The  money  paid  into  the  treasury  under  the  pro- 
visions of  this  act  shall  constitute  a  special  fund,  for  the  use  of  the  Department  of 
Agriculture  in  enforcing  this  law,  and  may  be  drawn  out  upon  warrants  signed  by 
the  Secretary  of  Agriculture  and  approved  by  the  Auditor  General;  subject,  however, 
to  the  payment  to  any  citizen  commencing  and  successfully  prosecuting  a  proceeding 
for  any  violation  of  this  act,  under  the  last  preceding  section,  of  one-hall  of  the  penalty 
or  fine  so  recovered  in  such  proceeding  and  paid  into  the  State  Treasury. 

4<>.  (14)  Inspection  and  sampling.  The  Dairy  and  Food  Commissioner,  his  assist- 
ants, agents,  experts,  chemists,  detectives  and  counsel,  duly  appointed  by  him  for 
the  purpose,  shall  have  full  access,  egress  and  ingress  to  all  places  of  business,  facto- 
ries and  farm  buildings,  carriages,  cars,  vessels  and  cans,  used  in  the  manufacture, 
transportation  and  sale  of  any  dairy  products,  or  of  any  adulteration  or  imitation 
thereof;  and  shall  also  have  power  and  authority  to  opeo  any  package,  can  or 
containing,  or  which  may  be  supposed  to  contain,  renovated  butter,  which  may  be 
manufactured,  sold  or  exposed  for  sale  in  violation  of  any  of  the  provisions  of  this 
act;  and  they  shall  also  have  power  to  take  from  such  package,  can  or  vessel  samples 
for  analysis,  upon  paying  or  tendering  the  value  of  such  samples. 

47.  (15)  Bulletin  of  dairy  and  food  commissioner.  The  Dairy  and  Pood  Commis- 
sioner shall  publish  a  semiannual  bulletin,  and  distribute  the  same  in  tin-  same 
manner  as  other  bulletins  of  the  Department  of  Agriculture  are  published  and  dis- 
tributed; which  semiannual  bulletin  shall  contain  the  name  and  address  of  every 
person,  firm  or  corporation  to  whom  a  license  has  been  issued  for  the  manufacture 
or  sale  oMvnovated  butter,  and  also  a  tabulated  statement  of  all  the  actions,  civil  or 
criminal,  which  have  been   brought    for  the  violations  of  this  act;  giving  the  name 

and  address  of  the  defendant,  and  the  disposition  of  every  case. 

L8.  L6  Repeal.  All  part-  of  the  act  approved  the  fourth  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  ninety-nine,  entitled  "An  act  to  regulate 

the  sale  of  butter,  produced  by  taking  original  packing  stock  and  other  butter  and 
melting  the  same  BO  thai  the  butter  oil  can  be  drawn  off,  mixed  with  skimmed  milk 

or  other  material,  and  by  emulsion  or  other  process  produce  butter,  and  butter  pro- 
duced by  any  similar  process,  and  commonly  known  as  '  Boiled'  or  '  ProoesB1  butter; 

providing  for  the  enforcement  thereof,  and  punishment  for  the  violation  of  the  same,1' 

inconsistenl  with  this  act,  are  hereby  repealed. 

approved  July  io,  L901.     Laws,  1901,  Act  327,  p.  643;  Brightly'a  Digest  of  Laws, 

1893-1903,  pp.  (»«»:>-<;<>".». 


538  Food-     AM)    Fool)    CONTROL. 

'////  report  of  Dairy  and  Food  Commissioner  to  Secretary  of  Agriculture;  publica- 
tion. Resolved,  By  the  House  of  Representatives  (if  the  Senate  concurs),  That  the 
Dairy  and  Food  Commissioner  be  and  he  is  hereby  directed  to  furnish  monthly  to 
the  Secretary  of  Agriculture  a  list  of  the  oleomargarine  and  renovated  butter  licenses 
issued,  the  results  of  analyses  of  food  commodities  examined  by  the  chemists 
employed  by  him,  a  complete  list  of  all  convictions,  with  the  names  and  ad<b 
of  defendants,  together  with  reproductions  of  brands  and  Labels  of  pure  and  adulter- 
ated or  illegal  food  products  examined  and  reported  upon  by  said  chemists,  and 
that  the  Secretary  of  Agriculture  be  and  is  hereby  directed  to  publish  said  list,  in 
addition  to  editorial  matter,  in  a  bulletin  of  the  Department  of  Agriculture,  which 
shall  be  published  monthly,  containing  the  information  mentioned  herein,  and.  in 
the  quantity  designated  by  the  second  section  of  the  act  of  April  22,  1903,  amending 
the  second  and  sixth  sections  of  the  act  establishing  the  Department  of  Agriculture, 
approved  March  13,  1895. 

Approved  April  11,  1905.     Laws  of  1905,  Resolution  No.  31,  p.  621. 

FRUIT  SYRUPS. 

Sec.  1.  Addition  of  preservatives,  dyes,  <'<■..  </  misdemeanor.     Any  person,  firm,  or 

corporate  body  who  shall,  by  himself,  herself  or  themselves,  or  by  his.  her  <>r  their 
agents  or  servants,  manufacture,  sell,  ship,  consign,  offer  for  sale  or  expose  for  sale 
or  have  in  possession  with  intent  to  sell,  any  fruit-syrup  which  contains  formalde- 
hyde, sulphurous  acid  or  sulphites,  boric  acid  or  borates,  salicylic  acid  or  salicylates, 
saccharine,  dulcin,  glucin,  betanaphthol,  abrastol,  asaprol,  fluorides,  fluoborates,  fluo- 
silicates  or  other  fluorine  compounds;  also  any  coal  tar  dyes,  sulphate  of  copper,  or 
any  other  coloring  matter  injurious  to  health,  or  any  preservatives  or  their  com- 
pounds injurious  to  health,  shall  be  deemed  guilty  of  a  misdemeanor. 

2.  Penalty.  E very  person,  firm  or  corporation,  and  every  officer,  agent,  serv- 
ant or  employe  of  such  person,  firm  or  corporation,  who  violates  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  in  the  court  of  quarter  sessions  of  the  proper  county,  shall  be  sentenced  to 
pay  a  line  of  not  less  than  sixty  nor  more  than  one  hundred  dollars,  with  the 
or  to  undergo  an  imprisonment  not  exceeding  sixty  days,  or  both,  at  the  discretion 
of  the  court. 

Sbc.  •">.  Enforcement  of  net  }>y  dairy  and  food  commissioner.  It  shall  be  the  duty  of 
the  hairy  and  Food  Commissioner  to  enforce  the  provisions  of  this  art.  for  which 
purpose  he  shall  have  the  same  power  which  is  given  him  to  enforce  the  provisions 
of  the  act  authorizing  his  appointment. 

1.  Disposition  of  fines.  All  penalties  or  fines  which  may  be  recovered  in  any 
proceeding  to  enforce  the  provisions  of  this  act  shall  be  paid  to  the  Dairy  and  Food 
Commissioner,  or  his  agent,  and  by  him  paid  into  the  State  Treasury  for  the  use  of 
t  lie  (  omnionwealth. 

Pbc.  5.  A'*/""/.  The  act,  entitled  "An  act  relative  to  adulteration  of  natural  fruit 
juice,  and  providing  penalties  for  violations  thereof,11  approved  the  second  day  of 

May,   Anno  Domini  one  thousand  nine  hundred  and  one,  be  and   the  same  is  hereby 

repealed. 

Approved  April  I'd,   1905.      Laws  of  L905,   Ad   N...  217,  pp.  -ill    312. 

HI 

I.  Defiling  of  ice;  prosecution;  penalty.     Any  person  or  persons  who  shall  willfully 

throw,  place  or  cast  upon  the  ice  forming,  formed  or  being  upon   any    pond,  stream. 

river,  creek  or  canal  in  this  commonwealth,  "u  ned  or  leased  m  ">\  hole  <>r  in  part  for 

the   production  of  ice   for  Bale,  any  timber,  stone,  earth  or  other  substance,  or  enter 


PENNSYLVANIA.  539 

upon,  in  anywise  injure  or  defile  the  ice  thereon  forming,  formed  or  being,  such  per- 
son or  persons  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  and  may,  upon 
the  information  of  any  such  owner,  lessee,  his  agent  or  attorney,  on  conviction  thereof 
before  any  alderman  or  justice  of  the  peace  in  the  county  where  the  offence  is  com- 
mitted, be  fined  in  a  sum  not  less  than  five  dollars  or  more  than  fifty  dollars,  with 
costs  of  suit;  the  fines  to  go  to  the  school  fund  of  the  district  in  which  the  offence 
was  committed;  and  in  default  of  payment  of  said  fine,  with  costs  of  the  suit,  the 
party  convicted  may  and  shall,  by  said  alderman  or  justice  of  the  peace,  be  committed 
to  the  jail  of  the  said  county,  for  not  less  than  twenty  nor  more  than  sixty  days, 
there  to  remain  until  discharged  by  due  course  of  law:  Provided,  That  in  all 
the  person  or  persons  complained  against,  may  appeal  from  the  decision  of  said  alder- 
man or  magistrate,  to  the  court  of  quarter  sessions  of  said  county,  upon  entering  bail 
as  in  all  other  misdemeanors,  by  recognizance  in  the  usual  manner,  for  his  appear- 
ance at  said  court,  and  said  alderman  or  magistrate  shall  transmit  said  recognizance 
forthwith  to  the  district-attorney  of  said  county;  and  thereupon  it  shall  be  the  duty 
of  the  district-attorney  of  said  county  to  prepare  a  bill  of  indictment  for  said  offence 
against  said  person  or  persons,  and  send  the  same  before  the  grand  jury  of  the  said 
court,  and  all  further  proceedings  therein  shall  be  in  like  manner  as  now  directed  by 
law  in  other  cases  of  misdemeanor:  And  be  It  further  provided,  That  in  case  of  convic- 
tion of  such  person  or  persons  in  said  court,  such  person  or  persons  shall  be  sentenced 
to  pay  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Brightly's  Purdon's  Digest,  1700  to  1894,  vol.  1,  p.  1010. 

LARD. 

1.  Compound  lard  mud  be  so  labeled.  No  manufacturer  or  other  person  shall 
sell,  deliver,  prepare,  put  up,  expose  or  offer  for  sale  any  lard  or  any  article 
intended  for  use  as  lard,  which  contains  any  ingredient  but  the  pure  fat  of  swine, 
in  any  tierce,  tub,  bucket,  pail  or  other  vessel  or  wrapper  or  under  any  label  bearing 
the  words  "pure,"  "refined,"  "family,"  or  either  of  them  alone,  or  in  combina- 
tion with  other  words,  nor  unless  every  vessel,  wrapper  or  label  in  or  under 
which  the  article  is  sold  or  delivered  or  prepared,  put  up  Or  exposed  for  sale,  bears 
on  the  top  or  outside  thereof,  in  letters  not  less  than  one-half  inch  in  length  and 
plainly  exposed  to  view,  the  words,  "COMPOUND  LARD." 

Sec.  -.  Penalty.  Any  person  who  violates  any  provision  of  this  act  shall  be 
punished  by  a  fine  not  exceeding  titty  dollars  for  the  tir>t  or  one  hundred  dollars  for 
any  subsequent  offense. 

.').  This  act  shall  take  effect  on  the  first  day  of  October,  one  thousand  eight 
hundred  and  ninety-one. 

Approved  June  B,  L891.     Brightly's  Purdon's  Digest,  L700-1894,  vol.  1,  p.  1205. 

MEAT. 

<>.'L  i  1. 1  Examination  for  tuberculosis.  Whenever  it  come-  to  the  knowledge  of  the 
secretary  of  the  state  Live  Stock  Sanitary  Board,  or  an  agent  of  that  board  who  is 
authorized  to  inspect  animals,  that  a  meat-producing  animal,  killed  for  food,  was 
found  to  be  infected  with  tuberculosis,  or  with  a  disease  resembling  tuberculosis,  it 

shall  be  the  duty  of  the  secretary  of  the  State  Live  Mock  Sanitary  Board,  either 
himself  Or  by  deputy,  or  of  an  authorized  agent  of  the  State  Live  Stock  Sanitary 
Board,  to  make  an  inspection  of  the  said  dead  animal  ami  its  parts,  for  the  purpose 

of  ascertaining  whether  it  is  or  vras  infected  with  tuberculosis,  and,  if  infected,  to 

w  hat  extent. 

<>L  (2.  Condemning  of  meat  so  infected.  If  it  shall  he  found  that  the  animal,  from 
which  the  carcass  or  meat   came,  was  infected  with  tuberculosis,  or  other  infectious 


540  FOODS  AND  FOOD  CONTROL. 

disease,  and  to  a  degree  that  renders  the  flesh  unfit  for  use  as  food,  the  said  dead 
animal,  carcass  or  meat,  shall  be  condemned  and  shall  be  disposed  of  by  the  use  of 
any  method  that  is  approved  by  the  State  Live  Stock  Sanitary  Board.  For  the 
guidance  of  inspectors  of  animals  and  meats,  and  of  agents  of  tin-  State  Live  Stork 
Sanitary  Board  rules  for  the  inspection  of  the  carcasses  of  meat-producing  animals 
may  be  promulgated  by  the  State  Live  Stock  Sanitary  Board,  or,  in  the  absence  of 
such  rules,  the  rules  of  the  United  States  Bureau  of  Animal  Industry,  that  cover 
the  inspection  of  animals  and  carcasses  for  tuberculosis  in  abattoirs  under  federal 
inspection,  shall  be  observed. 

65.  (3.)  Appraisement  of  condemned  meat.  When  it  is  decided  by  a  meat  inspector, 
approved  in  respect  to  competency  and  reliability  by  the  secretary  of  the  State  Live 
Stock  Sanitary  Board,  or  by  a  member  or  agent  of  the  State  Livestock  Sanitary 
Board,  and  certified  by  him  in  writing  on  an  official  form  that  shall  be  provided  Eor 
this  purpose  by  the  State  Live  Stock  Sanitary  Board,  that  the  riesh  of  a  meat- 
producing:  animal  is  unfit  for  use  as  food^  on  account  of  the  fact  that  the  animal  from 
which  it  came  was  infected  with  tuberculosis  to  an  injurious  degree,  the  said  meat 
or  carcass  may  be  appraised,  by  agreement  between  a  member  or  agent  of  the  State 
Live  Stock  Sanitary  Board  and  the  owner  or  his  agent,  or,  if  an  agreement  cannot  be 
made,  three  appraisers  shall  be  appointed,  one  by  the  owner  or  his  agent,  one  by  the 
State  Live  Stock  Sanitary  Board  or  its  authorized  agent,  and  the  third  by  the  two  so 
appointed,  who  shall,  under  oath  or  affirmation,  fairly  and  impartially  appraise  the 
meat  or  carcass,  taking  into  consideration  its  apparent  market  value  at  the  time  of 
appraisement:  Provided,  however,  That  such  appraised  valuation  shall  not  exceed 
five  cents  per  pound,  nor  twenty-five  dollars  for  the  entire  carcass. 

(»0.  (4.)  Payment  of  appraised  initiation.  The  amount  of  the  agreed  or  appraised 
valuation  shall  be  paid  by  the  State  Live  Stock  Sanitary  Board,  in  the  same  manner 
as  other  expenses  ol  said  board  are  paid,  upon  the  presentation  of  satisfactory  cer- 
tificates of  condemnation  and  valuation,  and  satisfactory  evidence  in  writing  that 
the  condemned  animal  has  been  continuously  in  the  9tate  of  Pennsylvania  for  not  less 
than  four  months  prior  to  slaughter,  and  that  the  carcass  was  disposed  of  in  a  way 
that  had  been  approved  by  the  State  Live  Stock  Sanitary  Board. 

Approved  March  25,  1903.  Laws,  1903,  No.  60,  p.  00;  Brightly's  Digest  of  Laws, 
1893-1903,  pp.  46-17. 

PRESERVATIVES. 

16.  (1.)  Formaldehyde,  etc.,  prohibited;  penalty.  Any  person,  firm  or  corporate 
body  who  shall,  by  himself,  herself  or  themselves,  or  by  his,  her  or  their  agent  or 

servants,  manufacture,  Bell,  ship,  consign,  offer  for  sale,  expose  fur  sale,  or  have  in 
3si<  'ii  w  ith  intent  to  sell,  any  article  of  food  which  contains  formaline,  formalde- 
hyde, sodium  fluoride,  or  any  of  their-  compounds,  shall  be  deemed  guilty  of  a  misde- 
meanor; ami  upon  conviction  thereof  in  the  court  of  quarter  se.-sions  of  the  peace  of 
the  proper  county,  shall  We  sentenced  to  pay  a  fine  of  oof  less  than  fifty  nor  more 
than  one  hundred  dollars,  or  to  undergo  an  imprisonment  not  exceeding  sixty  .lays, 
or  both,  at  the  discretion  of  the  court. 

17.  (2.)  Repealed  April  20,  L905,  Laws  of  L906,  Act  No.  171.  p.  sm. 

Is.  .;  |  Limit  of  metallic  copper;  penalty.  A.ny  person,  firm  or  corporate  body  who 
shall,  by  himself,  herself  or  themselves,  or  by  his,  her  or  their  agents  or  servants, 

manufacture,  sell,  ship,  consign,  offer   for  sale,  expose  for  -ale,  or  have  in  possession 

u  ith  intent  to  sell,  any  Article  of  vegetable  food  containing  any  coloring  matter  yield- 
ing on  analysis  more  than  one-fiftieth  of  one  per  centum  of  metallic  copper,  shall  be 

deemed  guilty  Of  a  misdemeanor;  and  upon  conviction  thereof  in  the  court  of  quart  r 
ii-  o|    the  proper  county,  shall    he  sentenced    to  pay  a  line  of  not    leSS  than  fifty 

dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in  the  jail  of  the  county 

for  not  exceeding  Bixty  days,  or  both,  at  the  discretion  of  the  court. 


PENNSYLVANIA.  541 

19.  (4. )  Enforcement.  It  shall  be  the  duty  of  the  Dairy  and  Food  Commissioner  to 
enforce  the  provisions  of  this  act,  for  which  purpose  he  shall  have  the  same  power 
which  is  given  him  to  enforce  the  provisions  of  the  act  authorizing  his  appointment. 

20.  (5.)  Disposition,  of  fine*.  All  penalties  or  fines  which  may  be  recovered  in  any 
proceeding  to  enforce  the  provisions  of  this  act  shall  be  paid  to  the  Dairy  and  Food 
Commissioner  or  his  agent, -and  by  him  paid  into  the  State  Treasury;  and  the  money 
so  paid  shall  constitute  a  special  fund,  for  the  use  of  the  Department  of  Agriculture 
in  enforcing  this  act,  and  may  be  drawn  out  upon  warrants  signed  by  the  Secretary 
of  Agriculture  and  approved  by  the  Auditor  General. 

Approved  April  27,  1903.  Laws,  1903,  No.  254,  p.  325;  Brightly's  Digest  of  Laws, 
1893-1903,  pp.  31-32. 

Sec.  1.  Preservati res  or  coloring  matter  in  meat,  game,  or  shellfish  prohibited;  penalty. 
If  any  person,  firm  or  corporate  body  shall,  by  himself,  herself  or  themselves,  or  by 
his,  her,  or  their  or  its,  agents  or  servants,  sell,  ship,  consign,  offer  for  salt*,  expose 
for  sale,  or  have  in  possession  with  intent  to  sell,  as  fresh,  any  meat,  poultry,  game, 
or  shell  fish  which  contains  any  substance,  article  or  ingredient  possessing  a  presen  - 
ative  character  or  action,  or  which  contains  any  coal-tar,  dye,  or  any  other  substance 
or  ingredient  possessing  a  coloring  character  or  action,  shall  be  deemed  guilty  of  a 
misdemeanor;  and,  upon  conviction  thereof  in  the  court  of  quarter  sessions  of  the 
peace  of  the  proper  county,  shall  be  sentenced  to  pay  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  two  hundred  dollars,  and  all  costs,  or  to  undergo  an 
imprisonment  in  the  county  jail  not  less  than  sixty  days  nor  more  than  ninety  days, 
or  both,  at  the  discretion  of  the  court;  and,  upon  conviction  of  any  subsequenl 
offense,  shall  be  punished  by  a  fine  of  not  less  than  two  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  be  imprisoned  not  less  than  sixty  days  nor  more  than 
four  months,  or  both  or  either,  at  the  discretion  of  the  court:  Provided,  That  nothing 
in  this  section  shall  prohibit  the  use  of  ice  as  a  preservative,  or  proper  refrigeration. 

Sec.  2.  Dairy  and  food  commissioner  to  enforce  act.  The  Dairy  and  Food  Commis- 
sioner shall  be  charged  with  the  enforcement  of  all  provisions  of  this  act;  and  all 
penalties  which  may  be  recoverable,  and  all  fines  which  may  be  paid,  in  any  pro- 
ceeding or  proceedings  to  enforce  the  provisions  of  this  act,  shall  be  paid  to  the 
Dairy  and  Food  Commissioner,  or  his  agent,  and  by  him  paid  into  the  State  Treas- 
ury; and  the  money  so  paid  shall  constitute  a  special  fund,  for  the  use  of  the  Dairy 
and  Food  Commissioner  in  enforcing  this  act,  and  may  be  drawn  out  upon  warrants 
signed  by  the  Dairy  and  Food  Commissioner  or  Secretary  of  Agriculture,  and 
approved  by  the  Auditor  General. 

Sec.  3.  Repeal  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed;  but  the  repeal  of  said  acts  shall  in  no  way  interfere  with,  or  prevent  the 
prosecution  to  final  termination  of,  any  action  or  prosecution  now  pending,  or  which 
may  be  hereafter  commenced  for  any  violation  of  said  acts,  which  has  alread\  been 
committed. 

Approved  March  28,  1905.    Laws  of  1905,  Ad  So.  46,  pp.  64-fl 

VINEGAR. 

Bbo.  1.  Various  vinegars  prohibited.  From  and  after  the  passage  of  this  act  no  per- 
son, nrm  or  corporate  body  shall  manufacture  for  sale,  offer  for  aale  or  expose  for 
sale,  sell  or  deliver,  or  have  In  his,  her  or  their  possession  with  intent  to  sell  or 
deliver,  any  vinegar  noi  In  compliance  with  the  provisions  of  this  act  No  vinegar 
shall  be  sold  or  exposed  for  sale  as  apple  or  cider  vinegar  whicb  is  ool  the  legitimate 
product  of  pure  apple  juice,  or  vinegar  nol  made  exclusively  <>f  said  apple  cider,  or 
vinegar  in  which  foreign  substances,  drugs  or  acids  shall  have  been  introduced,  as 


542  FOODS  AND  FOOD  CONTROL. 

may  appear  upon  proper  test ;  no  vinegar  shall  be  branded  fruit  vinegar  unless  the 
same  be  made  wholly  from  grapes,  apples  or  other  fruits. — Amendment  of  May  Jl, 
1901.     Laws  1901,  Act  183,  p.  275. 

Sec.  2.  Ferment*  d  and  distill,  d  vinegar  to  be  so  branded;  foreign  substances.  All  vinegar 
made  by  fermentation  and  oxidation,  without  the  intervention  of  distillation,  shall 
be  branded  "fermented  vinegar,"  with  the  name  of  the  fruit  or  substance  from 
which  the  same  is  made.  And  all  vinegar  made  wholly  or  in  part  from  distilled 
liquor  shall  be  branded  "distilled  vinegar,"  and  all  such  distilled  vinegar  shall  be 
free  from  coloring  matter,  added  before,  during  or  after  distillation,  and  from  color 
other  than  that  imparted  to  it  by  the  process  of  distillation,  and  shall  contain  not 
less  than  four  per  centum,  by  weight,  of  absolute  acetic  acid.  And  all  vinegar  shall 
be  made  wholly  from  the  fruit  or  grain  from  which  it  is  represented  to  be  made,  and 
shall  contain  no  foreign  substance:  Provided,  That  this  shall  not  be  construed  to 
prohibit  the  use  of  such  an  amount  of  spices  as  are  necessary  for  flavoring,  provided 
such  spices  do  not  color  the  vinegar.-  -Amendim  ,it  May  21, 1901.  Laws  1901,  Act  183, 
p.  276. 

Sec.  3.  Injurious  ingredients;  branding.  No  person,  firm  or  corporate  body  shall 
manufacture  for  sale,  offer  for  sale,  or  have  in  his,  her  or  their  possession  with  intent 
to  sell  or  expose  for  sale,  any  vinegar  found  upon  proper  test  to  contain  any  prepara- 
tion of  lead,  copper,  sulphuric  or  other  mineral  acid,  or  other  ingredients  injurious 
to  health.  And  all  packages  containing  vinegar  shall  be  plainly  and  distinctly 
marked  on  each  head  of  the  cask,  barrel  or  keg  containing  such  vinegar,  or  if  sold  in 
other  packages;  each  package  shall  be  plainly  and  distinctly  marked  with  the  name 
and  residence  of  the  manufacturer,  together  with  the  brand  required  in  section  two 
thereof. 

Bbc.  4.  Penalties  and  costs;  enforcement  of  law.  Every  person,  firm  or  corporate 
body  who  shall  violate  any  of  the  provisions  of  this  act  shall,  for  every  such  offense, 
forfeit  and  pay  not  less  than  fifty  dcilars  nor  more  than  one  hundred  dollars,  which 
shall  be  recoverable,  with  costs,  including  expense  of  inspection  and  analysis,  by 
any  person  suing  in  the  name  of  the  Commonwealth  as  debts  of  like  amount  by 
law  recoverable:  Provided,  That  the  Department  of  Agriculture,  through  its  officer 
known  as  the  Dairy  and  Food  Commissioner,  together  with  the  deputies,  agents  and 
assistants,  shall  be  charged  with  the  enforcement  of  this  act,  and  shall  have  full 
-  to  all  places,  of  business,  factories,  mills,  buildings,  carriages,  ears,  vessels, 
barrels,  tanks  and  packages  of  whatever  kind  used  in  the  manufacture  and  transpor- 
tation and  sale  of  any  vinegar,  or  of  any  adulteration  or  imitation  thereof,  or  any 
package  in  which  vinegar  is  mixed  with  articles  of  food.  They  shall  also  have  power 
and  authority  to  open  any  package,  barrel  or  vessel  containing  any  vinegar,  or  any 
adulteration  or  imitation  thereof,  which  may  he  manufactured,  sold  or  exposed  for 
sale,  and  they  shall  also  have  full  power  and  authority  to  take  the  samples  there- 
from for  analysis  npoil  tendering  the  value  of  said  samples.  And  all  charges,  accounts 
and  expenses  of  the  Department  for  the  enforcement  of  this  act,  through  tin-  slid 
Commissioner  and  hie  deputies,  agents,  assistants,  chemist,  and  counsel  employed 
by  him,  in  carrying  ou1  the  provisions  of  this  act,  shall  be  paid  by  the  Treasurer  of 

the  State  IB  the  same  manner  as  other  accounts  and  expenses  of  the  said  Department 

are  paid.      And  all  penalties  and  COStS  for  the   violation  of  the  provisions  of  this  a«t 

shall  he  paid  to  the  said  Dairy  and  Food  Commissioner,  or  his  agents  and  by  him 

immediately  COVered  into  the  State  Treasury,  to   he  kept  a-  a  fund  for  the  use  of  the 

Department,  and  to  be  drawn  out  upon  warrant  signed  by  the  Secretary  of  Agricul- 
ture and  the  Auditor  (  .eiietal. 

.">.   Further  penalties;  ditpoeiHon  of  fine*.     Every  person  u  ho  violates  any  of  the 
provisions  <»t  this  act  -hall  he  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 

thereof  -hall  he  punished  by  a  tine  of  not  less  than   fifty  dollars,  QOT  more  than  one 

hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  nor 


PENNSYLVANIA.  543 

more  than  thirty  days,  or  both  fine  and  imprisonment  for  the  first  offense,  and  a 
fine  of  one  hundred  dollars  and  imprisonment  for  thirty  days  for  every  subsequent 
offense:  Provided,  That  all  fines  and  costs,  including  the  expense  of  inspection  and 
analysis  imposed  under  this  section,  shall  be  covered  into  the  State  Treasury  as  pro- 
vided by  section  four  of  this  act,  and  all  vinegar  sold  or  offered  for  sale  in  violation 
of  the  provisions  of  this  act  shall  be  subject  to  forfeiture  and  spoliation. 

Sec.  6.  Jurisdiction.  Magistrates  and  justices  of  the  peace  throughout  this  Com- 
monwealth shall  have  jurisdiction  to  hear  and  determine  actions  arising  for  violations 
of  the  provisions  of  this  act,  and  to  hold  for  court,  or  impose  the  penalties  provide*  1 
therein,  subject  to  appeal  as  the  law  shall  direct. 

Bbc.  7.  Repeal.  All  acts  or  parts  of  act-  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed. 

Approved  June  18,  1897.  Laws  1897,  Act  140,  p.  168;  Brightly' s  Digest  of  Laws, 
1893-1903,  pp.  872-873. 

RULINGS  AND  REGULATIONS  OF  THi;  STATE  DEPARTMENT  OF 

AGRICULTURE. 

1.  All  foods  manufactured,  sold,  offered  or  exposed  for  sale  are  held  to  be  repre- 
sented as  pure,  unless  accompanied  by  adequate  notice  to  the  contrary,  in  which  case 
they  must  be  distinctly  labeled  as  "mixtures"  or  "compounds,"  or  as  "artificial" 
preparations. 

2.  Food  sold  as  pure  must  be  true  to  name,  of  standard  strength,  quality  and 
purity,  and  not  a  compound,  mixture  or  an  artificial  preparation  or  imitation. 

3.  Where  no  standard  of  strength,  quality  or  purity  is  fixed  by  law,  the  standard 
required  shall  be  that  adopted  by  the  highest  recognized  authorities,  such  as  the 
United  States  Pharmacopoeia,  or  the  Association  of  Official  Agricultural  Chemists. 

4.  N<>  food  shall  have  added  to  it  any  substance  or  ingredient  •"which  is  poisonous 
or  injurious  to  health." 

5.  No  fraudulent  or  worthless  article  having  little  or  no  food  value,  shall  be  mixed 
with  standard  goods  or  substituted  for  them,  and  be  sold  as  food  under  the  label 
"compound"  or  "mixture;"  but  all  foods  sold  under  this  designation  must  be  com- 
posed of  substances  recognized  as  ••ordinary  articles  or  ingredients  of  articles  of  food." 

(>.  The  question  of  the  admissibility  of  a  Qonpoisonous  or  harmless  foreign  sub- 
Btance  in  a  food,  may  depend  upon  whether  the  substance  introduced  is  necessary  in 
order  to  improve  the  value  or  quality  of  the  food,  or  is  fraudulently  added  as  a 
diluent  and  cbeapener. 

7.  No  food  shall  be  sold  under  the  name  of  a  substance  of  which  it  contains  none 
or  only  an  inconsiderable  quantity,  and  when  a  name  i>  "coined"  therefor  such  name 
shall  not  be  suggestive  of  any  substance  not  contained  therein. 

8.  Foods  manufactured   in    Pennsylvania,   except    where  exempt    by   statute  from 

>uch  requirement,  should,  for  the  purpose  of  identification,  be  labeled  with  the  name 
and  address  of  the  person  or  firm  manufacturing  them.     Foods  nol  so  marked  are 

regarded  with  suspicion. 

9.  Artificial  preparations  or  imitations  shall  not  be  labeled  ••extract-."  as  -'artiti- 
cial  vanilla  extract."  etc. 

10.  Wliere  such  words  as  "compound, "  "mixture,''  "artificially  colored,"  etc, 

are  required  upon  a  label,  they  shall  be  in  conspicuous  places  and  be  printed  in  bold, 

clean- facet  1  type  in  letters  BB  large  and  conspicuous 88  any  upon  the  package,  and  the 

same  designation,  both  as  to  substance,  suse  and  conspicuousnee  .  shall  be  printed 

upon  the  carton. 

11.  The  use,  in  food,  of  a  moderate  quantity  of  coloring  matter  that  is  not  poison- 
ous or  injurious  to  health,  is  not  prohibited,  provided  the  goods  are  otherwise  pure 


544  FOODS  AND  FOOD  CONTROL. 

and  of  standard  quality;  except  in  the  case  of  oleomargarine,  milk,  cream  and  dis- 
tilled vinegar,  in  which  the  use  of  certain  colons  is  prohibited  by  statute;  but  if  ua  d 
in  foods  below  the  established  standard  of  strength  and  quality,  the  words  "artifi- 
cially colored"  and  "compound"  or  "mixture"  must  be  printed  upon  the  label. 

12.  Articles  of  food  that  can  he  prepared  by  the  use  of  improved  proces-c-.  so  as 
to  preserve  them  from  decay  or  change,  shall  have  no  preservative  added,  other  than 
salt,  syrup,  sugar,  saltpetre,  spice,  vinegar  or  wood  smoke.    " 

13.  When  an  "extract"  is  below  standard,  and  yet  contains  a  sufficient  quantity 
of  the  substance  after  which  it  is  named  to  entitle  it  to  be  labeled  as  a  "compound  " 
or  "mixture,"  the  percentage  of  its  distinguishing  ingredient  or  ingredients  should 
be  Mated  ou  its  label. 

14.  Dry  mustard  must  be  pure.  A  preparation  of  mustard,  vinegar  and  spices  may 
be  sold  if  labeled  "prepared  mustard."  Mustard  may  also  be  sold  when  mixed 
with  vinegar,  spices  and  sufficient  starch  to  secure  a  mild  flavor,  if  labeled  "pre- 
pared mustard,  compound." 

15.  Mixtures  of  a  spice  with  one  or  more  of  its  valuable  by-products,  as  pepper 
with  pepper  hulls,  or  pure  cloves  with  cloves  from  which  part  of  the  essential  oil  has 
been  removed,  must  be  labeled  "compound"  or  "mixture."  Spice  by-products, 
themselves  possessed  of  spice  value,  must  be  sold  under  their  own,  distinctive 
names.  Spice  preparations  with  which  any  foreign  material  has  been  mixed  shall 
not  be  sold  as  "compounds"  or  "mixtures." 

10.  Coffee  mixed  with  chicory,  wheat,  rye,  peas,  etc.,  cannot  be  sold  as  ••coffee 
compound." — Decision  of  Attorney  General,  January  29,  189(5.  Packages  containing 
such  articles  may  be  sold  if  they  have  the  name  of  the  adulterant  plainly  printed  on 
the  label. 

17.  Candy  and  confections  must  be  free  from  inert  mineral  matter,  ami  not  colored 
with  Mibstances  poisonous  or  injurious  to  health. 

18.  The  distinctive  character  of  a  baking  powder  should  be  stated  on  the  label,  as 
cream  of  tartar,  alum,  acid  phosphate,  etc. 

19.  Tin  on  cane  in  which  food  is  preserved,  and  the  portion  of  the  metal  tops  of 
glass  jars  which  is  in  contact  with  food  contents,  should  not  contain  more  than  two 
per  centum  of  lead. 

Note.— Under  the  -tatute  a  dealer  is  liable  for  selling  an  adulterated  article, 
although  he  may  have  no  knowledge  that  the  same  is  adulterated. 

A  guarantee  of  purity  received  from  the  manufacturer  or  jobber  does  not  relieve 
a  person  handling  adulterated  goods  from  liability. 

FOOD  DEFINITIONS  AM'  STANDARDS. 

mi:  \t. 

1.  Meat  is  the  dressed  and  properly  prepared  edible  parts  of  animals,  in  good 

health  at  the  time  of  slaughter,  and  of  the  kind  designated. 

2.  Refrigeration  is  the  only  method  of  preservation  allowable  for  fivsh  meats. 

:;.  ( 'armed  meats  shall  contain  no  preservative  other  than  Bait,  BUgar  and  salt -pet  re, 

except  smoked  meat,  w  hich  contains  the  products  added  by  the  process  of  Bmoking. 

I.  Pickled  and  tatted  meats  shal)  contain  no  preservatives  other  than  salt,  sugar, 
salt-peter,  vinegar,  Bpices  or  other  condiments. 

■ /. ■  must  be  prepared  from  meat  of  the  quality  above  indicated,  and  must 

contain  no   preservatives  other  than   BUgar,  Bait,  salt-peter,  smoke  and   eonditucnts; 

artificial  color  must  nol  be  introduced  without  notice  of  the  fact 

»;.    Meat  <  XtracU  mUSl  be  line  to  name.      No  antiseptic,  other  than  Bait,  ma\    he  used. 


PENNSYLVANIA.  545 

MILK    AND    BUTTER. 

1.  Milk  is  the  normal  secretion,  taken  by  complete  milking,  from  the  udder  of  a 
healthy  cow,  properly  fed  and  kept.     Colostral  milk  is  excluded. 

2.  Cream  shall  contain  not  less  than  15  per  centum  of  butter-fat. 

3.  Skim-milk,  except  in  cities  for  which  a  different  standard  has  been  established 
by  law,  shall  contain  not  less  than  8.5  per  centum  of  total  solids  not  fat,  and  shall 
be  free  from  all  kinds  of  additions. 

4.  Butter-in  ilk.  The  acid  fluid  of  milk  or  cream  left  after  the  removal  of  the  but- 
ter fat  by  churning.  It  must  be  free  from  preservatives  other  than  the  salt  employed 
in  the  manufacture  of  butter. 

5.  Condensed  milk  shall  be  prepared  from  pure  and  wholesome  normal  milk,  by 
removal  of  water  by  evaporation;  sugar  may  be  added,  but  no  other  substances. 

6.  Butter  must  contain  not  less  than  83  per  centum  of  butter-fat. 

FRUIT    PREPARATIONS. 

1.  Fruit-butter  must  be  prepared  wholly  from  the  designated  fruit  without  addition 
of  any  substance  other  than  cider,  glucose  or  cane-sugar  and  spices. 

2.  Fruit  preserves,  jams,  marmalades  and  jellies  must  be  prepared  from  the  designated 
fruits  and  cane-sugar,  with  or  without  the  addition  of  glucose,  but  without  the 
addition  of  any  other  substance. 

3.  Fruit  juice,  fresh,  is  the  juice,  or  pulp,  or  both,  of  fresh,  sound  fruit  of  the 
variety  specified  on  the  label,  without  addition  of  any  other  substance. 

4.  Fruit  juice,  sweet,  is  fresh  fruit  juice  to  which  sugar  or  glucose  has  been  added. 

SACCHARINE   PRODUCTS. 

1.  Molasses  is  that  part  of  the  cane  juice,  or  sugar  solution,  that  is  left  upon  the 
removal  of  part  of  the  sugar.     It  must  contain  no  added  substance. 

2.  Syrup  is  the  purified  or  evaporated  juice  of  the  cane  or  maple  sap,  insufficiently 
evaporated  to  cause  crystallization  of  the  sugar.     It  must  contain  no  added  substance. 

:;.  Gluco8(  is  the  solid,  sweet,  purified  substance  obtained  by  the  action  of  acid  on 
starch.     It  must  be  free  from  intermediate  products. 

1.   Glucose  syrup,  is  syrup  obtained  by  the  action  of  acid  on  starch. 

5.  Honey  is  the  nectar  of  flowers  and  saccharine  exudations  of  plants,  gathered  by 
bees.  Honey  made  by  feeding  bees  sugar,  glucose,  syrup  or  other  saccharine  sub- 
stances, is  i H»t  considered  pure  honey.  The  mixing  of  sugar,  syrup,  glucose  or  other 
similar  substance  with  honey,  is  considered  an  adulteration. 

SPICES    AND   CONDIME3  I-. 

1.  Allspice  a-  pimento,  i^  the  dried  fruit  of  Pimento,  officinalis. 

2.  Black  pepper  is  tin- dried,  immature  berry  of  Piper  nigrum.  Pepper  shells,  pep- 
per dust,  and  other  by-products  from  pepper  are  adulterants. 

3.  White  pepper  is  the  .hied  mature  berry  of  Piper  nigrum  from  which  the  outer, 

or  the  outer  and  inner,  coatings  have  been  removed. 

4.  Cayenne  pepper,  red  pepper,  is  the  dried  fruit  of  Capsicum  fastigiatum,  C.fruteS' 
C.  baccatum  or  other  small-fruited  species  of  Capsicum. 

5.  Cinnamon    is    the   dried    hark    of   any    species    of    the   melius    ( 'iitmiiimmu m,    from 

which  the  outer  layers  may  or  may  not  have  been  removed. 
ti.  Ground  cinnamon  <"■  ;/'•'"""/  cassia:  A   powder  consisting  of  cinnamon,  cassia 

buds  or  a  mixture  thereof. 

7.  Cloves  are  the  dried   flower-buds  of  Jamboso  oaryophyllus;  should  contain  no 

more  than  ">  per  cent,  of  clove  stems. 


546  FOODS  AND  FOOD  CONTROL. 

3.  Ginger  is  the  washed  and  dried  or  decorticated  and  dried  rhizome  of  Zingiber 
officinale.  Ground  ginger  shall  not  contain  any  added  substance,  but  whole  ginger 
coated  with  carbonate  of  lime  may  be  sold  as  limed  or  bleached  ginger. 

9.  Horse-radish,  the  root  of  Gochlearia  arrnoracia;  the  grated  or  ground  horse- 
radish may  be  mixed  with  vinegar,  but  with  no  other  foreign  material. 

10.  Mace  is  the  dried  arillus  of  MyrisHca  fragrans;  Macassar  or  Papua  mace,  the 
dried  arillus  of  M.  argeneta,  should  be  sold  under  its  own  name;  Bombay  mace, 
M.  malabarica,  has  no  spice  value  and  is  therefore  an  adulterant. 

11.  Mustard,  seed,  the  seeds  of  Sinapis  alba  (white  mustard),  Brassica  nigra  (black 
or  brown  mustard),  S.  juncea  (sarepta  mustard). 

12.  Mustard,  ground,  is  the  powdered  mustard  seed,  of  one  or  more  varieties,  with 
or  without  the  removal  of  the  hulls  and  a  portion  of  the  oil,  but  without  addition  of 
any  other  substance. 

13.  Nutmeg  is  the  dried  seed  of  Myristica  fragrans,  deprived  of  its  testa;  ground 
nutmegs  should  contain  no  added  substance;  "liming"  whole  nutmegs  is  not  to  be 
considered  an  adulteration. 

FLAVORING    EXTRACTS. 

1.  Lemon  extract  shall  contain  at  least  5  per  centum  of  the  pore  oil  of  lemon  dis- 
solved in  alcohol. 

2.  Vanilla  extract  is  the  solution  prepared  by  the  maceration  of  the  vanilla  bean 
with  alcohol  and  sugar. 

TABLE   BEVERAGES. 

1.  Tea  is  the  dried  leaves  of  Thea  sineusisor  other  species  of  Thea,  without  addition 
of  the -leaves  of  other  plants  or  of  coloring  materials  injurious  to  health,  and  with- 
out having  been  exhausted  by  steeping  or  other  means. 

2.  Coffee  is  the  fruit  of  Coffea  arabica.  "Roasted  coffee"  is  coffee  that  has  been 
subjected  to  dry  heat  to  develop  the  aroma. 

3.  Chocolate  is  the  ground  pulp  of  the  roasted  seeds  of  Theobroma  cacao,  from  which 
none  of  the  fat  luis  been  removed. 

4.  Cocoa  is  the  ground  pulp  of  the  roasted  seeds  of  Theobroma  c<ir<tu  from  which  a 
part  of  the  Eat  has  been  removed,  but  to  which  nothing  except  the  usual  flavoring 
material  has  been  added. 

5.  The  addition  of  sugar  to  either  chocolate  or  cocoa  should  be  indicated  on  the 
label. 


PHILIPPINE  ISLANDS. 

The  board  of  health  for  the  Philippine  Islands  is  authorized  to 
"make  inquiry  and  investigation  into  *  *  *  employments,  con- 
ditions, habits,  foods,  beverages  and  medicines,  etc.""  In  addition 
to  this,  city  councils  are  authorized  to  control  the  establishment  of 
slaughterhouses  and  markets  and  to  "provide  for  and  regulate  the 
inspection  of  meats,  fruits,  poultry,  milk,  fish,  vegetables,  and  all 
other  articles  of  food." 

MEAT. 

Sec.  1.  Public  slaughterhouse.  No  person  shall  slaughter  any  four-footed  animal 
for  sale  or  food  or  cause  or  allow  the  same  to  be  done,  except  in  the  public  slaugh- 
terhouse maintained  under  the  supervision  of  the  City  Assessor  and  Collector:  Pro- 
vided, That  suckling  pigs  may  be  slaughtered  on  private  premises,  for  personal  use 
only  and  not  for  sale. 

Sir.  2.  Appointment  of  superintendent,  etc.  The  City  Assessor  and  Collector  shall 
appoint  one  of  the  employees  in  the  Department  of  Assessments  and  Collections 
superintendent  of  the  public  slaughterhouse  and  shall  employ  as  many  laborers 
therein  as  may  be  necessary. 

Sec.  3.  Duties  of  superintendent.  The  superintendent  of  the  public  slaughterhouse 
shall  have  entire  charge  thereof  and  shall  enforce  this  ordinance  and  such  regula- 
tions for  the  slaughterhouse,  not  in  conflict  with  the  provisions  hereof,  as  may  be 
adopted  from  time  to  time  by  resolution  of  the  Municipal  Board;  shall  he  respon- 
sible for  the  good  order,  cleanliness,  and  sanitary  condition  of  the  slaughterhouse 
and  for  the  collection  of  the  fees  hereinafter  fixed;  shall  be  present  whenever  meat 
is  being  weighed  or  fees  collected;  shall  pay  to  the  cashier  at  the  office  of  the  City 
Assessor  and  (  ollector  before  nine  o'clock  on  each  morning  all  fees  collected  during 
the  previous  day;  and  shall  see  that  the  animals  and  meat  at  the  slaughterhouse  are 
inspected  each  'lay  by  the  authorized  inspector  of  the  Board  of  Health,  and  imme- 
diately report  in  writing  to  the  City  Assessor  and  Collector  whenever  such  author- 
ized inspector  fails  to  appear  at  the  slaughterhouse  and  make  such  inspection. 

S«C.  I.  Regulations.  No  animal,  the  ownership  of  which  is  in  dispute,  shall  be 
admitted  to  the  slaughterhouse;  nor  shall  any  animal  remain  in  the  slaughterhouse 
for  over  twenty-four  hours.  No  person  shall  slaughter  any  animal  except  an  expert 
butcher  regularly  assigned  to  that  duty. 

5.  Condemning  of  animals  or  meat,  The  decision  of  the  authorized  inspector 
of  the  Board  of  Health  condemning  any  animal  for  slaughter,  or  any  meat,  as  unlit 
for  food,  shall    he   tiual.      No  such   animal   shall   be  slaughtered,  and  all  such  meat 

shall  he  cremated  at  the  slaughterhouse. 

"  Public  Laws  and  Resolutions  passed  by  the  United  states  Philippine  Commis- 
sion, Act  157,  section  1,  subsection  P.,  pa L'e  .">:;.">. 

547 


548  FOODS  AND  FOOD  CONTROL. 

Sec.  6.  Fees.  There  shall  be  charged  and  collected  for  each  kilogram  of  meat, 
including  the  tongue,  heart,  and  liver  of  any  animal,  a  fee  of  three  cents,  Mexican 
currency,  and  no  meat  shall  be  taken  from  the  slaughterhouse  until  such  fee  has 
been  paid  to  the  superintendent,  or  in  any  transportation  other  than  that  authorized 
by  the  Municipal  Board. 

8»  .  7.  Sanitation.  The  slaughterhouse  shall  be  kept  at  all  times  in  an  orderly  and 
sanitary  condition  and  shall  be  thoroughly  cleaned  at  least  once  in  the  morning  and 
once  in  the  evening  of  each  day.  The  skull  and  all  other  discarded  parts  or  contents 
of  any  animal  shall  be  removed  from  the  slaughterhouse  as  soon  as  practicable  after 
such  animal  has  been  slaughtered. 

8.  R>  Mating  superintendent.  No  person  shall  resist,  obstruct,  or  molest  the  super- 
intendent of  the  public  slaughterhouse  or  any  employee  therein  in  the  exercise  of 
his  duties  as  superintendent  or  employee. 

Sec.  9.  Superintendent  must  not  be  financially  concerned  in  transactions.  No  superin- 
tendent or  other  person  in  charge  of  the  public  slaughterhouse,  or  employed  in  oi 
about  the  same,  shall  purchase,  sell,  or  be  directly  or  indirectly  interested  in  the 
purchase  or  sale  of  any  animal  for  slaughter,  orof  any  meat  taken  from  such  slaughter- 
house. 

Sec.  10.  Penalty.  Any  person  violating  any  provisions  of  this  ordinance  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  not  to  exceed  one  hundred  dollar-,  or 
imprisonment  not  to  exceed  six  months,  or  both,  for  each  offense. 

11.  Repeals.  All  ordinances,  orders,  and  regulations  and  parts  thereof  incon- 
sistent herewith  are  hereby  repealed  and  this  ordinance  shall  take  effect  and  be  in 
force  on  and  after  the  first  day  of  September,  nineteen  hundred  and  two. 

Enacted,  August  23,  1902,  by  the  Municipal  Board  of  the 'city  of  Manilla,  Ordi- 
nance No.  35. 

o 


